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ANAEKWE
V.
UMEANO

(2008) JELR 78525 (CA)

Court of Appeal 2 Jul 2008 Nigeria
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- The case concerns an appeal against the High Court’s grant of an order of certiorari quashing the proceedings and judgments of the Awkuzu Customary Court in Suit No. CCA/2/92 (Alexander Umeano & Ors v. Albert Anaekwe & Anor) on grounds of

Case Details

Judges:AMIRU SANUSI, J.C.A. (Presided), MOHAMMED LADAN TSAMIYA, J.C.A. (Read the Leading Judgment), SIDI DAUDA BAGE, J.C.A.
Counsel:Tagbo , Esq (with him, I. Igwego) - for the Appellants A. C. Anaenugwu, Esq. (with him, Okito & Udechukwu) - for the Respondents
Other Citations:(2009) 5 NWLR (Pt. 1135) 419

TSAMIYA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of P.A.C. Obidigwe J, sitting at the High Court Otuocha, of Anambra State delivered on 23/6/04 in Suit No. OT/M.SC.4/97. By this judgment of the High Court (herein referred to as the lower Court), an order of certiorari was issued on


Awkuzu Customary Court to remove the proceedings, judgment and orders of the Customary Court in respect of Suit No.CCA/2/92, between Alexander Umeano and Ors v. Albert Anaekwe and Anor for quashing. In order to appreciate the reason that compelled the appellants to appeal to this court, it is necessary to give a brief facts leading thereto.

The respondents to this appeal (as plaintiffs) had instituted a civil action against the appellants (as defendants) in suit No. CCN/2/92, Alexander Umeano and Ors. v. Albert Anaekwe and Anor, before the Awkuzu Customary Court (herein referred to as the trial Court) for the following reliefs:

Defendants to remove the Iyi-Oji Juju, whi…

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