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V.
ABUBAKAR

(2009) JELR 52056 (CA)

Court of Appeal 22 May 2009 Nigeria
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- The appellant sought an order of certiorari before the Kaduna State High Court but failed to file a verifying affidavit as mandated by Order 42, rule 5(6) of the Kaduna State High Court (Civil Procedure) Rules, 1987. - After hearing argum

Case Details

Suit Number:CA/K/169/06
Judges:AMINA ADAMU AUGIE JCA (Presided) JOHN INYANG OKORO JCA (Read the Lead Judgment) MASSOUD A. OREDOLA JCA
Counsel:N. E. Onyegbosi Esq. - for 1st Respondent.

OKORO JCA (Delivering the Lead Judgment): The appellant who was an applicant before the Kaduna State High Court was granted leave to apply for an order of certiorari on 11 November 2004. Pursuant to the said leave, the appellant filed her motion on notice dated 17 November 2004. The 1st respondent filed counter­affidavit in opposition to the appellant’s motion. The appellant later filed further and better affidavit.After exchange of processes between the parties, arguments were taken on 21 March 2005 and the matter adjournedto 3May 2005 for ruling.After the said adjournment, the learned counsel for the 1st respondent filed a document titled “Additional Authority On The Above Suit” dated 22April 2005 with an argument therein to the effect that the motion was incompetent because the applicant (now appellant) failed to file a verifyingaffidavit as provided for by Order 42, rule 6 of the High Court (Civil Procedure) Rules of Kaduna State, 1987. He also cited the case of Onyemaizu v. Oj…

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