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CHUKWUEMEKA NEZIANYA & ANOR V. VICTOR NEZIANYA & ORS

(2007) JELR 33848 (CA)

Court of Appeal  •  CA/E/110/2006  •  19 Apr 2007  •  Nigeria

Coram
JAMES OGENYI OGEBE JCA; SOTONYE DENTON-WEST JCA; JIMI OLUKAYODE BADA JCA;

Judgement

JAMES OGENYI OGEBE, J.C.A. (Delivering the Leading Judgment): This appeal was argued on the 20th of February 2007 and was reserved for judgment. In the course of writing the judgment it became necessary to invite counsel to the parties to address this court on the question of whether or not the trial Federal High Court Enugu had jurisdiction to entertain the matter.

The learned counsel for the parties addressed this court on the 22nd of March 2007 by adopting their written addresses. From the Record of Appeal the Suit was filed under the Fundamental Rights (Enforcement Procedure) Rules 1979 and by virtue of Section of 42(3) of the 1979 Constitution of the Federal Republic of Nigeria.

The action was filed in March 1999 prior to coming into force of the 1999 Constitution. It follows therefore that the applicable law is Section 42(1) of the Constitution of the Federal Republic of Nigeria 1979 which is identical with Section 46(1) of the Constitution of the Federal Republic of Nigeria of …

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