(2007) JELR 45773 (CA)    

Court of Appeal  ·  CA/B/222/2001 ·  7 Feb 2007 ·  Nigeria
UWANI MUSA ABBA AJI Justice of The Court of Appeal of Nigeria GEORGE OLADEINDE SHOREMI Justice of The Court of Appeal of Nigeria ALI ABUBAKAR BABANDI GUMEL Justice of The Court of Appeal of Nigeria
Core Terms Beta
chief judge
lower court
counsel mr. esan
court of appeal rules
fair hearing
grounds of appeal
preliminary objection
learned trial judge
mr. esan
record of appeal
akure judicial division
1st issue
hearing of the appeal
honourable chief judge of ondo state
owo high court
high court
brief of argument
learned chief judge
provisions of order
case of aliyu v. ibrahim
notice of appeal
rules of natural justice
s.36 of the constitution of the federal republic
transfer of the case
way of a preliminary objection
2nd june
adigun v. attorney general
current practice
exercise of powers
exercise of the power of the honourable chief judge
following terms
high court judge
judge of ondo state high court
leading judgment
mr. kolawole esan
ondo state high court
order of this court
own issues
paragraph counter-affidavit
point home
portion of the ruling of the learned trail judge
position of our law
subject matter of this case
superior right
transfer of this case

ALI ABUBAKAR BABANDI GUMEL, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of Akinwalere, J. of Ondo State High Court, Akure in Suit No. HOW/40/1999; delivered on 30th May, 2001. By a motion on notice dated 19th January, 2001, the Appellant, as Plaintiff/Applicant before the lower court sought for the following main or alternative reliefs. They are:-

(i) An order transferring or sending this case to the Honourable Chief Judge of Ondo State for him to re-assign or remit same to Owo High court where it was instituted by the plaintiff and from where it was transferred without the knowledge of the plaintiff.


(ii) An order transferring this case to Owo High Court to be heard by any Judge of Ondo State High Court.


(iii) An order directing that all proceedings in this case shall take place at Owo High Court where it was instituted and before the Honourable Presiding Justice presently handling it.

The Defendants/Respondents joined iss…

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