(1997) JELR 45429 (CA)    

Court of Appeal  ·  CA/E/201/95 ·  16 Jun 1997 ·  Nigeria
Other Citations
Ezeadukwa v. Maduka (1997) 8 NWLR (Pt.518)635 ,
Ezeadukwa v. Maduka (1997) 8 NWLR (Pt. 518) 635
OKAY ACHIKE Justice of The Court of Appeal of Nigeria NIKI TOBI Justice of The Court of Appeal of Nigeria EUGENE CHUKWUEMEKA UBAEZONU Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
1st respondent
fundamental rights
enforcement procedure
senior advocate
lower court
2nd respondent
trial judge
affidavit evidence
high court
grounds of appeal
police officer
clear conflict
clear days
days of the grant of leave
president of the neni town union
argument of the learned trial judge
arrest of the 1st respondent
case arrest
case of cop ondo state v
clear inference
common law
face of the affidavit evidence
favour of the appellant
finding of fact
imputations of the learned trial judge
infringement of fundamental rights of the applicant
leading judgment
legitimacy of the order of extension
lower court alia
motion exparte
mr. okonkwo
none of the said conducts
oral argument
paragraph affidavit
paragraph counter-affidavit
present appeal
respect of the applicant
specific findings of the learned trial judge
strict interpretation of the provisions of order
such threats
use of its own decisions
words of the statute
written law

TOBI J.C.A.(Delivering the Leading Judgment): The 1st respondent as applicant in the lower court filed a motion exparte under the Fundamental Rights (Enforcement Procedure) Rules for leave to enforce his fundamental rights against the appellant, who was the 1st respondent in the Court and the 2nd respondent, Mr. Okonkwo. The motion was granted on 26th April, 1989. On 16th June, 1989, the 1st respondent filed the motion on notice. On 7th July, 1989, the 1st respondent filed a motion on notice dated 5th July, 1989 praying the lower court alia for an "order extending time within which to file the motion on notice in the above suit in respect of the Applicant's Fundamental Rights, the statutory filing period having expired". The application was granted on 16th October, 1989 as prayed. The matter was heard. On 2nd December, 1994, judgment was given in favour of the appellant. The court granted the injunction sought, awarded exemplary damages of N15,000.00 and general damages of N10,000.00.…

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