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MOHAMMAD SAIFULLAH MUNTAKA-COOMASSIE, J.S.C. (Delivering the Leading Judgment): This is an appeal against the decision of the Court of Appeal; Lagos delivered on the 11th day of 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 exparte motion before the Lagos High Court to apply for an Order of certiorari, to set aside the proceedings before Magistrate 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 being quashed the proceedings, decisions, judgment of Mr. Isaac, Learned Senior Magistrate Grade 1 made on 24/10/96 in a Civil Suit No MCA/1694/96, including warrant of possession dated 6th November, 1996, plus an …