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THE STATE v. THE CUSTOMARY COURT OWERRI URBAN & ORS

(2016) JELR 36809 (CA)

Court of Appeal  •  CA/OW/76/2010  •  29 Jun 2016  •  Nigeria

Coram
RAPHAEL CHIKWE AGBO JCA; PETER OLABISI IGE JCA; FREDERICK OZIAKPONO OHO JCA;

Judgement

PETER OLABISI IGE, JCA (DELIVERING THE LEADING JUDGMENT): This is an appeal against the decision of Imo State High Court contained in the Ruling of Honourable Justice NONYE OKORONKWO now JCA, delivered on 30th day of June, 2009 by which he set aside the Order of Certiorari made by the same Imo State High Court CORAM CHIOMA NWOSU IHEME J. now JCA.

The Order of Certiorari aforesaid was made by HON. JUSTICE CHIOMA NWOSU IHEME in Suit No. HOW/66M/2001. The Order reads:

BETWEEN:

THE STATE

EX PARTE

CHIEF ODOHA IHIA ==== APPLICANT

FIDELIS ELUMA

AND

THE CUSTOMARY COURT, OWERRI URBAN RESPONDENT

ORDER OF COURT

Upon reading through the Motion on Notice for certiorari filed on 29/10/02 and the supporting affidavit sworn to by Chief Odioha Ihia, the 1st Applicant and after hearing J. C. Uwazuruonye of Counsel for the Applicant and whereas the Respondent neglected to appear in Court or file any Counter Affidavit though it was duely served.

THE COURT ORDERED AS FOLLOWS:

(1) That the ruling of the President of t…

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