(2000) JELR 43912 (CA)    

Court of Appeal  ·  CA/E/178/98 ·  2 Feb 2000 ·  Nigeria
Other Citations
Onyernaizu v. Ojiako (2000) 1 NWLR (Pt.659)25
Onyemaizu v. Ojiako (2000) 6 NWLR (Pt. 659) 25
NIKI TOBI Justice of The Court of Appeal of Nigeria SULE AREMU OLAGUNJU Justice of The Court of Appeal of Nigeria MUSA DATTIJO MUHAMMAD Justice of The Court of Appeal of Nigeria
Core Terms Beta
re appolos udo
order of certiorari
anambra state high court rules
lower court
court of appeal
learned counsel
learned trial judge
court bailiff
facts of the case
grounds of appeal
appolos udo
decision of a higher court
preliminary objection
1st respondent
competence of the application
decision of this court
doctrine of stare decisis
earlier case
senior advocate
supreme court
addresses of the persons
affidavit of service of motion
brief of argument
decision of the court
leading judgment
learned chief justice
lower courts
personal verification
precedent of the decision of this court
precept of stare decisis
requirements of sub-rule
affidavits of service of the process
alhaji a. alhaji
anambra state high court
application of the decision
chief magistrate
effect of sub-rule
facts of the present case
higher courts
judgment of the learned chief magistrate
judicial hierarchy
notice of the applicant
previous decisions
registrar of his court

SULE AREMU OLAGUNJU, J.C.A. (Delivering the Leading Judgment): The Appellant who was convicted of the offence of stealing by the 1st Respondent in his capacity as the Chief Magistrate sitting at Ekwulobia in Aguata Magisterial District of Anambra State of Nigeria, did not appeal against the conviction. But he later applied to the Anambra State High Court for leave to apply for an order of certiorari to quash the judgment of the learned Chief Magistrate who together with the Registrar of his Court were made the Respondents to the application.

The application for leave was granted sequel to which the Appellant filed on 28/3/94, a motion on notice under what is described as 'Order 37 (i) (a) Anambra State High Court Rules 1988' praying the Court for an order of certiorari to quash the judgment of the 1st Respondent which after a series of adjournments was set down for hearing on 25/4/95. At the hearing, the competence of the application was challenged on a preliminary objection by learne…

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