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ROBERT C. OKAFOR & ORS V. THE ATTORNEY-GENERAL AND COMMISSIONER FOR JUSTICE ANAMBRA STATE & ORS

(1988) JELR 41319 (CA)

Court of Appeal  •  CA/E/74M/87 - CA/E/331M/87  •  29 Feb 1988  •  Nigeria

Coram
ABAI IKWECHEGH JCA; WALLACE RONALD TISLINGTON MACAULAY JCA; GEORGE ADESOLA OGUNTADE JCA;

Appearances
Mr. N.N. Anah (with him Mr. M.C. Anah) For Appellant Mr. G.N.A. Okafor - for 4th & 5th RespondentsMr. Onwugbufor, Legal Adviser, Anambra State Ministry of Justice for 1st, 2nd and 3rd Respondents For Respondent

Judgement

OGUNTADE, J.C.A. (Delivering the Lead Ruling): This ruling is upon two applications both of which were brought by applicants who were the plaintiffs in the lower court. The first of the applications was filed on 17th March, 1987 and is treated under Suit No. CA/E/74M/87. The reliefs sought by the applicants therein are:

(a) A stay of the ruling/judgment or execution in the above named suit pending the determination of the appeal.

(b) An injunction to restrain the 1st and 2nd defendants/respondents from acting on the said ruling to recognize the 5th defendant/respondent as the traditional ruler of Awka pending the determination of the appeal and

(c) Any further order or orders as the Honourable Court may deem fit in the interest of justice."

The second application was filed on 2/12/87 and is treated under Suit No. CA/E/331M/87. The applicants pray therein for an order:-

"Setting aside and/or revoking the recognition granted to the 5th defendant Ozo, A.C. Ndigwe as the Traditional Ruleโ€ฆ

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