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AMINU A. UMAR V. DANIEL OBI ONWUDINE & ORS.

(2002) JELR 49041 (CA)

Court of Appeal  •  CA/K/264/96  •  4 Mar 2002  •  Nigeria

Coram
RABIU DANLAMI MUHAMMAD JCA; VICTOR AIMEPOMO OYELEYE OMAGE JCA; JOSEPH JEREMIAH UMOREN JCA;

Judgement

UMOREN J.C.A. (Delivering the Leading Judgment): This is an appeal by the 1st respondent against the decision of the High Court of Justice no.1 Zaria division upon an ex-parte application, in that court.

The applicants, 1st and 2nd respondents herein filed an ex-parte application before the said High Court in respect of a case pending between them and the 1st respondent/appellant at the Chief Magistrate's Court 4, G.R.A. Zaria presided over by the 3rd respondent. The motion ex-parte was for the following reliefs; that is to say:-

1. "An order granting leave to the 2nd applicant to be joined as an interested party in this application.

2. An order(sic) leave to the applicants to bring to the High Court of Zaria the entire proceedings decisions of the 2nd respondent in suit No. ZAC/126x/96 Aminu A. Umar v. Daniel Obi Onwudine for the purpose of quashing same for being null and void having been made in breach of the applicants' fundamental rights to fair hearing and without jurisdiction.

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