LIVA & ORS V. SHETTIMA

EBIOWEI TOBI, J.C.A. (Delivering the Leading Judgment): This appeal is against the ruling of the Hon. Justice Musa Mustapha of the High Court of Gwoza Borno State delivered on 28th August, 2020 in Suit No: BOHC/GZ/CV/008M/2019. The Appellants, the defendants/applicants at the lower Court filed an application pursuant to Order 44 of the Borno State High Court Civil Procedure Rules 2017, Section 72(1) of the High Court Law (Cap 63) Laws of Borno State 1994, and Section 6(6) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and under the inherent jurisdiction of the Court, seeking the order of the Court to remit to the office of the Chief Judge of Borno State the case file for re-assignment to another Judge of the High Court of Maiduguri, Borno State. The premise for the application is based on the incident in Court on 10/3/2020 which the Appellant said has led to his losing confidence in the Court. What led to the loss of confidence was that the Court interpreter …