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EMMANUEL OGBE v. CHIEF JUSTICE, EAST-CENTRAL STATE & ORS.

(1972) JELR 33875 (SC)

Supreme Court  •  SC.235/1966  •  2 Jun 1972  •  Nigeria

Coram
GEORGE BAPTIST AYODOLA COKER JSC; ATANDA FATAYI-WILLIAMS JSC; GEORGE SODEINDE SOWEMIMO JSC;

Judgement

G. B. A. COKER, J.S.C. (Delivering the Leading Judgment): By an application ex parte and dated the 19th December, 1962 the appellant applied to the High Court, Enugu, "for the issue of order nisi to show cause why a writ of certiorari should not be issued to remove into this Honourable Court and quash the judgment of the Chief Justice, Eastern Region delivered in Chambers at Enugu on the 28th day of July, 1962, and for any such order or such orders as the court deems fit and proper." The application is supported by an affidavit which describes in some rather meticulous detail the history of litigation between the appellant as representing the people of Amagu-Ugwu Umungeneike Akagbe on the one hand and the 2nd respondent as representing the people of AmaguIbite Akagbe on the other hand over lands which the appellant's people call "Akani" and which the respondent's people call "Agu Amagu Ibite." According to that affidavit the respondent's people as plaintiffs had sued the appellant's p…

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