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JOYLAND LIMITED V. WEMABOD ESTATES LTD

(2008) JELR 57776 (SC)

Supreme Court  •  SC. 219/2002  •  27 Jun 2008  •  Nigeria

Coram
DAHIRU MUSDAPHER JSC (Presided) SUNDAY AKINOLA AKINTAN JSC MAHMUD MOHAMMED JSC WALTER SAMUEL NKANU ONNOGHEN JSC

Judgement

MUNTAKA-COOMASSIE JSC (Delivering the Lead Judgment): This is an appeal against the decision of the Court of Appeal, Lagos delivered on 11 June 2001, in which the appeal before it was allowed. The ruling of the learned trial Judge Rhodes-Vivour J, as he then was, was set aside and judgment of the Senior Magistrate Grade 1 affirmed.

The appellant filed an ex parte motion before the Lagos State High Court to apply for an order of certiorari, to set aside the proceedings before the Magistrates’ Court Grade 1, Lagos State in suit No. MCA/1654/96.

The application was granted and the appellant subsequently filed a motion on notice in which he sought the following reliefs: “(i) An order of certiorari to remove into this honourable court for the purpose of it beingquashed, the proceedings, decisions, and judgment of Mr. Isaac, learned Senior Magistrate Grade 1 made on 24 October 1996 in a civil suit No. MCA/1694/96, including a warrant of possession dated 6 November 1996, plus an order …

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