(2006) JELR 46215 (CA)    

Court of Appeal  ·  CA/E/92/2004 ·  31 May 2006 ·  Nigeria
Other Citations
Ihesi v. Arinze (2007) 5 NWLR (Pt.1027) pg.241
Ihesi v. Arinze (2007) 5 NWLR (Pt. 1027) 241
RAPHAEL OLUFEMI ROWLAND Justice of The Court of Appeal of Nigeria SULEIMAN GALADIMA Justice of The Court of Appeal of Nigeria JIMI OLUKAYODE BADA Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
instant suit
fundamental rights
fair hearing
particulars of error
exparte application
lower court
ruling of 1st april
second issue
suit no. fhc
trial judge
appellant leave
appellant suit
basis of his earlier decision
case of frn
complete agreement
decision of the learned trial judge runs
decisions of the superior courts
different suit
due process of law
enforcement procedures
facts of the suit
federal high court
final result
following facts
fundamental right of dignity of human person
honourable court
issues of jurisdiction of federal high court
jimi olukayode bada
leading judgment
learned trial judge lack jurisdiction
notice of appeal
particular case
raphael olufemi rowland
ruling of the learned trial judge
similar cases
subject matter of a case
suit no.fhc
supreme court
test case

SULEIMAN GALADIMA, J.C.A. (Delivering the Leading Judgment): Appellant was the applicant at the Court below. He brought exparte application praying for the following:

"1. AN ORDER granting leave to the applicant to apply to this Honourable Court for an order enforcing fundamental right of dignity of human person and fair hearing.

2. AN ORDER directing that the order granting leave shall operate as a stay of all actions on matters relating to or connected with the complaint herein until the determination of the substantive motion.

3. AN ORDER of injunction restraining the respondents, their servants, agents, privies or whosoever from harassing, molesting or ejecting the applicant from applicant's office as president of Ogbaru Main Market Amalgamated Traders Association."

The learned trial Judge in striking out the matter stated thus:

For all the reasons I gave in my ruling of 1st April 2004 in Suit No.FHC/EN/CS/26/2004 PRINCE KENNETH EMEAKANYI V. INSPECTOR-GENERAL OF POLICE, I here…

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