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NDIONYENMA H. NWANKWO & ANOR v. MRS ANN C. ONONOEZE-MADU & ORS

(2004) JELR 45098 (CA)

Court of Appeal  •  CA/PH/124M/2004  •  2 Nov 2004  •  Nigeria

Coram
VICTOR AIMEPOMO OYELEYE OMAGE JCA; PIUS OLAYIWOLA ADEREMI JCA; MONICA BOLADA DONGBA-MENSEM JCA;

Judgement

ADEREMI, J.C.A. (Delivering the Leading Ruling): The application dated 3/9/2004 under consideration here initially carried two prayers viz:

"(1) an order setting aside the appointment and sweating-in of the 1st respondent as a High Court Judge of the Imo State judiciary on the 3rd of August, 2004.

(2) an order of interlocutory injunction restraining the 1st respondent from exercising any powers and/or functions whether official or social, of a High Court Judge of the Imo State judiciary, pending the determination of the motion on notice filed by the appellants on May 26th, 2004.

The application is supported by a 12 paragraph affidavit and a further affidavit of six paragraphs. When this application came before us on the 23rd of September, 2004 Mr. Nworka the 2nd appellant/applicant, a legal practitioner, who appeared in person, before moving the said application, sought and obtained the leave of this court to withdraw the second leg of the prayers as set out supra. In moving the appliā€¦

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