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ALFRED ONYEMAIZU v. HIS WORSHIP J.A. OJIAKO & ANOR

(2000) JELR 43912 (CA)

Court of Appeal  •  CA/E/178/98  •  2 Feb 2000  •  Nigeria

Coram
NIKI TOBI JCA; SULE AREMU OLAGUNJU JCA; MUSA DATTIJO MUHAMMAD JCA;

Judgement

SULE AREMU OLAGUNJU, J.C.A. (Delivering the Leading Judgment): The Appellant who was convicted of the offence of stealing by the 1st Respondent in his capacity as the Chief Magistrate sitting at Ekwulobia in Aguata Magisterial District of Anambra State of Nigeria, did not appeal against the conviction. But he later applied to the Anambra State High Court for leave to apply for an order of certiorari to quash the judgment of the learned Chief Magistrate who together with the Registrar of his Court were made the Respondents to the application.

The application for leave was granted sequel to which the Appellant filed on 28/3/94, a motion on notice under what is described as 'Order 37 (i) (a) Anambra State High Court Rules 1988' praying the Court for an order of certiorari to quash the judgment of the 1st Respondent which after a series of adjournments was set down for hearing on 25/4/95. At the hearing, the competence of the application was challenged on a preliminary objection by learneā€¦

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