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OBINGWA L.G.
V.
MUOMA

(2000) JELR 70850 (CA)

Court of Appeal 28 Nov 2000 Nigeria
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Case Details

Judges:JAMES OGENYIOGEBE, J.C.A.(Presided and Read the Leading Judgment), IGNATIUS CHUKWUDIPATS-ACHOLONU, J.C.A., ABOYI JOHN IKONGBEH, J.C.A.
Counsel:I.C. Dimiri Esq. — for the Appellant K.C. Nwufo Esq. - for the 1st Respondent
Other Citations:(2001) 18 NWLR (Pt. 744) 71

OGEBE, J.C.A (Delivering the Leading Judgment): The 1st respondent, Chief Chuks Muoma, by a motion on notice to the Obioma Ngwa Customary Court holding at Anuzu-Ohanze and the members thereof applied to the High Court, Aba for an order of certiorari removing the proceedings in charge No. OBLG/CC/OSD/496/87: Obioma Ngwa Local Government Area v. Barrister Chuks Muoma


to the High Court for the purpose of quashing the summons and the charge therein.

The Local Government which took the charge to the Customary Court was not made a party and was therefore not notified of the proceedings in the High Court. When the Local Government got wind of it, it brought an application to the High Court on the 12'h of June, 1989 to be joined as a party. The application is reproduced hereunder:

" IN THE HIGH COURT OF IMO STATE OF NIGERIA

IN THE ABA JUDICIAL DIVISION

HOLDEN AT ABA

SUIT NO A/M./197/88

IN THE MATTER OF AN APPLICATION BY CHIEF CHUKS MUOMA FOR LEAVE TO APPLY FOR AN ORDER OF CERTIORARI

AND

IN THE MATTER …

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