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EKE
V.
THE MILITARY ADMINISTRATOR, IMO STATE & ORS.

(2006) JELR 33487 (CA)

Court of Appeal 30 Nov 2006 Nigeria
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- This is an appeal against the decision of the High Court dismissing the appellant's application for an order of certiorari. - The appellant sought the order of certiorari on the grounds that they were denied fair hearing, that there was b

Case Details

Suit Number:CA/PH/278/2000
Judges:VICTOR AIMEPOMO OYELEYE OM AGE Justice of The Court of Appeal of Nigeria ISTIFANUS THOMAS Justice of The Court of Appeal of Nigeria IBRAHIM MOHAMMED MUSA SAULAWA Justice of The Court of Appeal of Nigeria
Counsel:F. C. Dike, Esq. For Appellant T. E. Chikeka, SG/PS, Imo State and L. M. Alozie, Esq., (with him, Ohebalem) For Respondent
Other Citations:Eke v. Mil. Admin. Imo State (2007) 13 NWLR (Pt.1052) pg.531

SAULAWA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of [mo State, Owerri Coram Ogwu-Rille, J. dated 8th December 1999 dismissing the appellant's application for an order of certiorari. It is trite that the appeal has had a chequered historical background. As borne out by the records, the appellant had on 15/10/97 filed an ex parte application dated 02/10/97 in the lower court praying for leave ... to apply for an order of certiorari to remove into the High Court for the purpose of being quashed the proceedings, recommendation and the acceptance of same by the Military Administrator of Imo State in the matter of Ezeship stool of Obinze Autonomous Community in page 28 - 29 of exhibit "A " (the white paper).

The above relief sought by the appellant was predicated on the following grounds -

3. Grounds upon which Relief is sought.

(i) That the applicant was denied fair hearing by the 1st respondent and his appointees contrary to secti…

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