Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(2003) JELR 44899 (CA)    

Court of Appeal  ·  CA/A/125/2001 ·  22 Jan 2003 ·  Nigeria
Other Citations
Atta v. C.O.P. [2003] 17 NWLR (Pt.849)250
IBRAHIM TANKO MUHAMMAD Justice of The Court of Appeal of Nigeria ZAINAB ADAMU BULKACHUWA Justice of The Court of Appeal of Nigeria ALBERT GBADEBO ODUYEMI Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
order of mandamus
lower court
learned trial judge
ohinoyi of ebira land
circumstances of this case
grounds of appeal
abdulkadir apollo atta
alhaji ado ibrahim
exhibit b
notice of appeal
complaint of criminal trespass
dr. a. i. atta
exhibit a
exhibit c
family property
humble opinion
leave of court
major renovation
office of the attorney-general of kogi state
ruling of the learned trial judge
atta iii ohinoyi of ebira land
attorney-general of rivers state
best wishes
counter affidavit
date 24th nov.
decision of the lower court
exhibit b shows
exhibit d
facts of this case
following exhibits
following reliefs
front structure of the palace
further contention of the appellant
grant of the order of mandamus
grounds of the application
kogi state commissioner of police
leading judgment
motion ex-parte
national electric power authority
overall facts
police investigation
prosecution of both alhaji ado ibrahim
respect of the 1st ground of appeal
rules of court
said premises
such exercise of discretion

ODUYEMI, J.C.A. (Delivering the Leading Judgment): As required by rules of court, the appellant by a motion ex-parte filed in the Lokoja Judicial Division of the High Court of Kogi State on 27th April, 2002, sought leave of court to apply for an order of mandamus directed to the respondent herein seeking the following reliefs:

"a. To apply for an order of mandamus compelling the Kogi State Commissioner of Police to prosecute Alhaji Ado Ibrahim the Ohinoyi of Ebira land together with Abdulkadir Apollo Atta who sometime in the month of January 2000, forcefully and without permission broke into the aforesaid applicant's premises and made use of same.

b. The prosecution of both Alhaji Ado Ibrahim, the Ohinoyi of Ebira land and Abdulkadir Apollo Atta should be carried out immediately by the respondent as it is now over four calendar months that the applicant lodged with the police, the complaint of criminal trespass, mischief and intimidation."

The application was accompanied by an affida…

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