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DR. OLIVER ONYALI & ANOR V. CHIEF NWANKWO OKPALA & ORS

(2000) JELR 43987 (CA)

Court of Appeal  •  CA/E/60/98  •  21 Feb 2000  •  Nigeria

Coram
NIKI TOBI JCA; JOHN AFOLABI FABIYI JCA; MUSA DATTIJO MUHAMMAD JCA;

Judgement

MUHAMMAD, J.C.A. (Delivering the Leading Judgment): This appeal is against the ruling of M.A. Onyuike J. of the Anambra State High Court sitting at Awka. The particular ruling, dated 9th June, 1997, is in respect of suit No. A/MICS/22/97. Respondents in the instant appeal had applied for and were granted leave to apply for an order of certiorari to remove to the High Court for the purpose of the judgement of Mbailinofu Customary Court being quashed. The appellants before us were respondents at the court below and their appeal is against the order of the court which granted the applicants the leave they sought.

By their notice of appeal, appellants filed three grounds of appeal hereunder reproduced without their particulars. These are:

Ground 1

Error in law:

The learned trial Judge erred in law granting applicants/respondents leave to apply for judicial review, to wit, an order of certiorari, when the application exparte for leave did not satisfy the requirements of Order 37 rules 3 (1…

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