OLATAWURA, J.C.A. (Delivering the Lead Judgment):The Appellant brought an application to court praying the court for an order to deviate from the rules of this court and to hear the appeal on the papers filed along with the motion. There were two prayers which are no longer relevant to this appeal since they were withdrawn by the Appellant's Solicitor. These prayers were accordingly struck out. However, the prayer for hearing the appeal on the papers filed was granted. Briefs were filed and exchanged.
The substance of the appeal is whether the learned trial judge was right in striking out the application brought by the appellant in the lower court. The Appellant had in the lower court brought an application under Order 1 Rule 2 of the Fundamental Rights (Enforcement Procedure) Rules, 1979 seeking leave of the lower court to apply for an order enforcing his fundamental right by prohibiting the respondents from arresting the applicant on the ground that he has not been adjudged a debtor …