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IGWE M. O. OJIAKO v. ATTORNEY-GENERAL & COMMISSIONER FOR JUSTICE OF ANAMBRA STATE

(1999) JELR 43784 (CA)

Court of Appeal  •  CA/E/171M/98  •  15 Nov 1999  •  Nigeria

Coram
EUGENE CHUKWUEMEKA UBAEZONU JCA; JOHN AFOLABI FABIYI JCA; MUSA DATTIJO MUHAMMAD JCA;

Judgement

M.D. MUHAMMAD, J.C.A. (Delivering the Leading Judgment): This is an Appeal against the ruling of Ernest Egbuna J. of the Anambra State High Court. The ruling was delivered on 26th February, 1998.

The Appellants as applicants had by an ex-parte application prayed for the leave of the Trial Court to apply for an Order of Judicial review of certiorari to remove into the Court the Order of the Anambra State Chief Judge dated 3rd November, 1997 and proceedings consequent upon the Order for the purposes of quashing both. Facts of the case which brought about this appeal are hereunder stated.

The Appellants for themselves and on behalf of the Adazi-Nnukwu Community sued the Anambra State Attorney General. They took out a writ dated 30th December, 1992 to this effect. They asked for the following reliefs:

(i) Declaration that Loretto Special Science School Adazi - Nnukwu is situate at Adazi Nnukwu portion of Ndibia Land in this Judicial Division.

(ii) Declaration that the directive of the Mi…

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