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NEZIANYA
V.
NEZIANYA

(2007) JELR 33848 (CA)

Court of Appeal 19 Apr 2007 Nigeria
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- The suit challenged an alleged breach of fundamental rights that occurred in Anambra State, but was filed at the Federal High Court, Enugu. - The case originated under the Fundamental Rights (Enforcement Procedure) Rules 1979 and Section

Case Details

Suit Number:CA/E/110/2006
Judges:JAMES OGENYI OGEBE Justice of The Court of Appeal of Nigeria SOTONYE DENTON-WEST Justice of The Court of Appeal of Nigeria JIMI OLUKAYODE BADA Justice of The Court of Appeal of Nigeria
Counsel:Onyechi Araka, Esq. For Appellant Mackings Nezianya For Respondent

JAMES OGENYI OGEBE, J.C.A. (Delivering the Leading Judgment): This appeal was argued on the 20th of February 2007 and was reserved for judgment. In the course of writing the judgment it became necessary to invite counsel to the parties to address this court on the question of whether or not the trial Federal High Court Enugu had jurisdiction to entertain the matter.

The learned counsel for the parties addressed this court on the 22nd of March 2007 by adopting their written addresses. From the Record of Appeal the Suit was filed under the Fundamental Rights (Enforcement Procedure) Rules 1979 and by virtue of Section of 42(3) of the 1979 Constitution of the Federal Republic of Nigeria.

The action was filed in March 1999 prior to coming into force of the 1999 Constitution. It follows therefore that the applicable law is Section 42(1) of the Constitution of the Federal Republic of Nigeria 1979 which is identical with Section 46(1) of the Constitution of the Federal Republic of Nigeria of …

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