OWUPELE & ORS.
V.
OGBOLO & ORS.

(2002) JELR 44477 (CA)    

Court of Appeal  ·  CA/PH/27/2000 ·  13 Jun 2002 ·  Nigeria
CORAM
JAMES OGENYI OGEBE Justice of The Court of Appeal of Nigeria SYLVANUS ADIEWERE NSOFOR Justice of The Court of Appeal of Nigeria ABOYI JOHN IKONGBEH Justice of The Court of Appeal of Nigeria
Core Terms Beta
customary court
appellants
application
court
applicants
order
order of certiorari
high court
lower court
learned trial chief judge
senior counsel
2nd set of defendants
learned chief judge
learned trial judge
said case
said court
supporting affidavit
30th day of november
aboyi john ikongbeh
absent of the 1st set of defendants
ample opportunity
application of the present applicants
bayelsa state high court
behalf of the appellant
chief daniel olotu
chief edward jim ogbolo
chief k. babalola
customary court oloibiri
decision of the learned chief judge
determination of the substantive motion
due respect
existence of a prohibitive order
ex parte
grant of leave
hearing of the motion
honourable court
james ogenyi ogebe
land matter
leading judgment
members of the customary court
no. cco
notices of the resumption of hearing
o.c.j. okocha
only point
order of stay of further proceedings
present applicants
senior advocate
senior advocate of nigeria
sylvanus adiewere nsorfor
trial judge

ABOYI JOHN IKONGBEH, J.C.A. (Delivering the Leading Judgment): The appellants before us were the applicants before the Bayelsa State High Court. They had applied ex parte to the Court for-

"1. For an order to apply for leave for an order of certiorari out of time.

2. To deem as properly filed the application for leave herein sought.

3. For an order of certiorari to remove into this Honourable Court for the purpose of being quashed the decision, judgment and/or order(s) of the Chairman and Members of the Customary Court, Oloibiri given on Wednesday the 30th day of November, 1998 in Suit. No. CCO/8/99 (Chief Daniel Olotu and 10 Ors., Chief Edward Jim Ogbolo and 5 Ors. which relief is not put in paragraph 2(1) of the statement accompanying application for leave for an order of certiorari."

They based their application on the grounds.

"1. The existence of a prohibitive order on the Customary Court from further trying, hearing, proceeding with or in any way determining or causing to be de…

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