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M. U. IKEM AND 3 OTHERS V. VICTOR NEZIANYA

(2001) JELR 50901 (CA)

Court of Appeal  •  CA/E/111/2000  •  12 Jul 2001  •  Nigeria

Coram
JUSTIN THOMPSON AKPABIO, JCA (Presided) SULE AREMU OLAGUNJU, JCA (Read the Lead Judgment) MUSA DATTIJO MUHAMMAD, JCA

Appearances
B. U. Igwe, Esq. - for the Appellants F -*- Mackings Nezianya, Esq. - for the Respondent/Objector .

Judgement
<p><strong> OLAGUNJU, JCA (Delivering the Lead Ruling): </strong> Learned counsel for the respondent took a preliminary objection to the appeal filed by the appellants against the ruling of Ajakaiye, J., of the Enugu Judicial Division of the Federal High Court which overruled the preliminary objection raised by the appellants to the respondent’s application for the enforcement of his fundamental human rights. The preliminary objection to the appeal before this court is on the grounds enumerated in the notice as follows:- “(1) The appeal and the arguments canvassed in the appellants’ brief are an abuse of judicial process in that it is an invitation to the Honourable Court of Appeal to re-open the appellants’ bad case contrary to the decisions in:-</p><p>A (i) <em> Ajadi v. Okenihun </em> (1985) 1 NWLR (Pt.3) at page 484 at 492 ; <em> Igboke Oroke v. Chukwu Ede </em> (1964) NNLR 118 at 119- 120 ; <em> Amasa and Ors. v. Kokosi </em> (1986) NWLR (Pt.33) at 59; and <em> Adimora v. Ajufo </em> (1988) 3 NWLR (Pt. 80) at 1.</p><p>All the grounds of appeal and …</p>

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