ORUPABO & ORS
V.
OPUAMBE & ORS

(2014) JELR 39959 (CA)    

Court of Appeal  ·  CA/PH/273/2004 ·  21 Feb 2014 ·  Nigeria
CORAM
EJEMBI EKO Justice of The Court of Appeal of Nigeria MODUPE FASANMI Justice of The Court of Appeal of Nigeria STEPHEN JONAH ADAH Justice of The Court of Appeal of Nigeria
Core Terms Beta
application
suit
appellants
issue
rule
learned trial judge
law
grounds of appeal
order of certiorari
judicial review
appeal
12th november
advisory opinion
civil procedure
issue estoppel
brother ejembi eko
issue of fair hearing
rem judicatam
ejembi eko
english language
judgment of the okrika customary court
main complaint
provisions of this rule
public policy
subject matter
subject of this appeal
12th august
appellate court
brief of argument
certiorari proceeding
competence of the application
decision of okrika customary court
decision of the customary court
decision of the rivers state high court
defence of the appellants
earlier action
expiration of the relevant period
grounds of the proceeding
high court of rivers state
judgment of the customary court
judicial review of the decision of the customary court
leading judgment
limitation provisions
opening words
order of court
particulars of this alleged error of law
present 1st set of respondents
rule of estoppel
stephen jonah adah

EJEMBI EKO, J.C.A.:(Delivering the Leading Judgment)This appeal is against the decision of the Rivers State High Court (coram: S.O. Iragunima, J) delivered on 22nd October, 2002 in the suit no NHC/22M/1997. The suit was for a judicial review of the decision of the Customary Court sitting at Okrika in the suit no OCC/61/1995. The decision of the customary court sought to be reviewed through order of certiorari was itself delivered on 6th December, 1995.

The application for order of certiorari to quash the decision of Okrika Customary Court delivered on 6th December, 1995 was commenced on 12th August, 1997 through a motion ex parte filed the same day. The certiorari proceeding seeking to quash the judgment of the Okrika Customary Court was thus filed more than 20 months after the decision delivered on 6th December, 1995. The present 1st set of Respondents challenged the competence of the application for order of certiorari to issue to quash the judgment of the Customary Court on the gro…

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