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MALLAM GARBA YAKAJE V. ALHAJI GAMBO NA HAIRE & ORS

(2002) JELR 46769 (CA)

Court of Appeal  •  CA/K/26/97  •  7 May 2002  •  Nigeria

Coram
ISA AYO SALAMI JCA; MAHMUD MOHAMMED JCA; VICTOR AIMEPOMO OYELEYE OMAGE JCA;

Judgement

SALAMI, J.C.A. (Delivering the Leading Judgment): In the proceedings culminating in this appeal, the respondent herein applied ex parte for these reliefs:-

"1. AN ORDER, granting the applicant leave to apply for an order of certiorari to remove, to this Honourable Court, the entire proceedings, rulings and decisions of the 2nd respondent, in case No. ZAC/12x/94: Between Mallam Garba Yakaje v. Alhaji Gambo Na Haire, for being null and void, having been made without fair hearing and without jurisdiction;

2. AN ORDER, transferring case No. ZAC/12x/94: Between Mallam Garba Yakaje v. Gambo Na Haire, pending before the 2nd respondent, to any other Magistrate Court in Zaria, on ground of lack of jurisdiction, bias, and lack of fair hearing;

3. AN ORDER, compelling the Registrar of the 2nd respondent to produce and forward to this Honourable Court, all proceedings decisions and rulings of the 2nd respondent, in case No. ZAC/12x/94 Mallam Garba Yakaje v. Gambo Na Haire, for the purpose of ques…

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