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OGBONNAYA NWITE & ANOR v. P. N. NJEMANZE CHIEF MAGISTRATE, OWERRI & ANOR

(2014) JELR 36614 (CA)

Court of Appeal  •  CA/PH/440/2008  •  9 May 2014  •  Nigeria

Coram
UWANI M. ABBA AJI JCA; PHILOMENA MBUA EKPE JCA; PETER O. IGE JCA;

Judgement

PHILOMENA MBUA EKPE, J.C.A. (Delivering the Leading Judgment): This Appeal emanated from the ruling of Hon. Justice Chioma Nwosu Iheme (as she then was) of the High Court of Imo State sitting in Owerri delivered on 14th day of December 2005 dismissing the application for certiorari brought by the Appellants on the grounds that it was statute barred.

FACTS

The facts relevant to this appeal can be summarized as follows: On 1st day February 1994 the 1st Respondent, then a Chief Magistrate made an order for possession in respect of the property known as and called plot 49, 2nd Street Federal Low Cost Housing Estate, Aladinma Owerri, Imo State, against the Appellants. At the time of making the order the Appellants had a suit pending at the High Court for ownership of the property. The 2nd Respondent in execution of the order on 10/3/94 ejected the Appellants from the property. Upon the application of the Appellants to the High Court they were restored to the property and the 2nd Respondent…

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