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.…
EZEADUKWA
V.
MADUKA & ANOR.
(1997) JELR 45429 (CA)
Court of Appeal 16 Jun 1997 Nigeria
BriefBot Summary
- The case involves the enforcement of fundamental rights. - The appellant appealed the lower court's judgment, raising three issues. - The court discussed the 14-day rule for filing a motion on notice and concluded that the appellant had b
Case Details
Suit Number:CA/E/201/95
Judges: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
Counsel:J.H.C. Okolo. SAN;G.N. Mbanefo; For Appellant
K.O. Iloh; For Respondent
Other Citations:(1997) 8 NWLR (Pt. 518) 635, Ezeadukwa v. Maduka (1997) 8 NWLR (Pt.518)635 ,
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