CUNSIN NIGERIA LTD
V.
IGP

(2008) JELR 46879 (CA)

Court of Appeal 8 Jan 2008 Nigeria
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Case Details

Suit Number:CA/L/416/2005
Judges:ISA AYO SALAMI Justice of The Court of Appeal of Nigeria PAUL ADAMU GALINJE Justice of The Court of Appeal of Nigeria ADZIRA GANA MSHELIA Justice of The Court of Appeal of Nigeria
Counsel:Emeka Etiaba with him are Anthony Uwakwe and Miss Nkiru Joe Uzuegbu For Appellant No appearance For Respondent
Other Citations:(2008) 5 NWLR (Pt. 1081) 546, Cunsin (Nig.) Ltd. V. I.G.P (2008) 5 NWLR (Pt. 1081) 546 C.A.

ISA AYO SALAMI, OFR, J.C.A. (Delivering the Leading Judgment): The applicants brought an application ex-parte praying inter alia for leave to enforce their fundamental rights. Leave was granted on 11th day of August, 2004.

Learned trial judge heard learned counsel for the parties and adjourned the matter for ruling. In a reserved and not well considered ruling the learned trial judge concluded as follows-

"In view of the above, the Applicant cannot adopt the documents statement and verifying affidavit used in the Ex-parte by transferring it as they ought to have been filed separately along with the motion on Notice. I hold that the application is incompetent and this court has no jurisdiction to consider the submissions of counsel. They are hereby discountenanced"

(underlining mine)

The applicants were dissatisfied with the failure, refrain or refusal of the learned trail judge to determine the application after hearing all the parties on the merit. They have now appealed to this co…

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