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UMU UDOEKE UMUEZE VILLAGE ISUOFIA & ANOR. v. UMUEZE VILLAGE UNION & 11 ORS.

(2010) JELR 33739 (CA)

Court of Appeal  •  CA/E/176M/2008  •  17 Dec 2010  •  Nigeria

Coram
AMINA ADAMU AUGIE JCA; ABDU ABOKI JCA; SAMUEL CHUKWUDUMEBI OSEJI JCA;

Judgement

SAMUEL CHUKWUDUMEBI OSEJI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of C. O. Amechi J. of the Aguata Division of the High court of Anambra State delivered on the 17th day

of December 2007, in Suit No. AG/MISC 6512007 (UMU UDOEKE UMUEZE VTLLAGE V. UMUEZE VILLAGE UNION. Wherein the relief sought by the applicants for the enforcement of fundamental rights was granted.

The facts of the case is that the applicants (hereinafter refened to as the Respondents) filed a motion ex parte

for leave to apply for the enforcement of their fundamental rights on the 18/9/2007. Accompanying the said motion ex parte was a statement pursuant to Order 1 Rule 2(3) of the fundamental Rights (Enforcement

Procedure) Rules 1979 and a verifying affidavit to which is attached a document marked "Exhibit A". There is also a written address in support of the motion ex parte.

The said application for leave was moved and granted on 2/10/2007 after the respondents withdrew pa…

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