ILOEJE
V.
EZEOKAFOR

(2005) JELR 57653 (CA)    

Court of Appeal  ·  CA/E/172/2004 ·  30 Nov 2005 ·  Nigeria
CORAM
JAMES OGENYI OGEBE JCA (Presided the Read the Lead Judgment) OLUFUNLOLA OYELOLAADEKEYE JCA JA'AFARU MIKA'ILU JCA
Core Terms Beta
respondents
jurisdiction
issues
learned trial judge
lower court
trial court
appellants
court of appeal
lead judgment
learned counsel
motion
determination
honourable court
issue of jurisdiction
order of certiorari
said judgment
central bank of nigeria
judgment of the oji river customary court
strong contentions
subject matter of appeal no. ca
substantive application
application of the applicants
certiorari proceedings
chief judge
counsel
dates of service
earliest opportunity
following declarations
full facts of this case
high court
high court of enugu
issue of the jurisdiction of the trial court
judgment of oji river customary court
judicial review
long line of cases
mika'ilu jca
ogebe jca
proceedings forcertiorari
proper order
proper way
relevant issues
rules of court
ruling of the lower court
said order of 8th october
senior counsel
such further order
supreme court

OGEBE JCA (Delivering the Lead Judgment): The appellants brought a motion before the High Court of Enugu on the 18th November, 2002 seeking the following declarations: “(a) The honourable court has no jurisdiction to extend time for the applicants/respondents within which toapply forjudicial review for an order of certiorari to quash the judgment of the Oji River Customary Court dated 9/11/98.

The application of the applicants/respondents for extension of time within which to appeal for an order of certiorari to quash the said judgment of Oji River Customary Court dated 9/11/98 as an abuse of process as the said judgment is the subject matter of appeal No. CA.E.177M/99 in which the Court of Appeal delivered its judgment on 15thApril, 2002 against the applicants/ respondents. The applicants/respondents did not disclose the full facts of this case to the honourable court before it made the said order of 8th October, 2002. And for such further order(s) as the honourable court may deem f…

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