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CLETUS MBAJI V. M.O.S. AMOBI

(2011) JELR 46946 (CA)

Court of Appeal  •  CA/E/265/2007  •  11 Jul 2011  •  Nigeria

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

Judgement

AMINA ADAMU AUGIE, J.C.A (Delivering the Leading Judgment): This is the second interlocutory appeal against another Ruling of Iguh, J., in the same Suit No. O/292/90 filed at the High Court of Anambra State. Appeal No. CA/E/264/07, was hinged on the interlocutory injunction that he granted in favour of the Respondent, while this one is based on his refusal to disqualify himself from adjudicating in the matter, because his elder Brother, who was then a Justice of the Supreme Court, was the Respondent's counsel in the case before he was elevated to the bench. The said Suit was instituted in 1990, and traversed the courtrooms of many High Court Judges before it landed in the courtroom of Iguh, J., where it came up for the first time on the 9th of January 2006. Hearing commenced on the 7th of March 2006 with the Respondent, who was the Plaintiff, testifying as PW1 . He stated as follows in his evidence in chief -

"The land my half-brother, who is one of the beneficiaries in the Will of my…

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