(2004) JELR 45098 (CA)    

Court of Appeal  ·  CA/PH/124M/2004 ·  2 Nov 2004 ·  Nigeria
VICTOR AIMEPOMO OYELEYE OMAGE Justice of The Court of Appeal of Nigeria PIUS OLAYIWOLA ADEREMI Justice of The Court of Appeal of Nigeria MONICA BOLADA DONGBA-MENSEM Justice of The Court of Appeal of Nigeria
Core Terms Beta
1st respondent
substantive suit
judge of the high court of imo state
1st defendant
abuse of court process
present application
determination of the motion
high court judge of the imo state judiciary
order of interlocutory injunction
appellate court
issue of locus standi
jurisdiction of the court
learned trial judge
perpetual injunction
proper person
status quo
supreme court
swearing-in of the 1st respondent
2nd appellant
act of 1st respondent
aspect of justice ability
decision of the said trial court
dongban-mensem j.c.a.
earliest times
early time
first leg of the prayers
fundamental aspect
fundamental issue
fundamental rights of the plaintiffs
greater importance
in of the 1st respondent
inter alia
judicial decision
leading ruling
learned counsel
leave of this court
locus standi of the applicants
notice of appeal
paragraph affidavit
pendency of the suit
plaintiff wishes
point of law
prayers viz
said application
second leg of the prayers
substantive matter
vital point

ADEREMI, J.C.A. (Delivering the Leading Ruling): The application dated 3/9/2004 under consideration here initially carried two prayers viz:

"(1) an order setting aside the appointment and sweating-in of the 1st respondent as a High Court Judge of the Imo State judiciary on the 3rd of August, 2004.

(2) an order of interlocutory injunction restraining the 1st respondent from exercising any powers and/or functions whether official or social, of a High Court Judge of the Imo State judiciary, pending the determination of the motion on notice filed by the appellants on May 26th, 2004.

The application is supported by a 12 paragraph affidavit and a further affidavit of six paragraphs. When this application came before us on the 23rd of September, 2004 Mr. Nworka the 2nd appellant/applicant, a legal practitioner, who appeared in person, before moving the said application, sought and obtained the leave of this court to withdraw the second leg of the prayers as set out supra. In moving the appli…

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