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USHIE
V.
AGBALU

(2013) JELR 51127 (CA)    

Court of Appeal  ·  CA/C/213/2011 ·  23 Jan 2013 ·  Nigeria
CORAM
MOHAMMED LAWAL GARBA JCA (Presided) JOSEPH TINE TUR JCA ONYEKACHI A. OTISI JCA (Read the Lead Judgment)

Ratio Decidendi

Core Terms Beta
matter
proviso
section
high court
word
representative capacity
law
district court
suit no. udc
issue no.
laws of cross river state
suit no. bdc
transfer
ukpah district court
bekwarra district court
personal capacity
supreme court
suit no. mog
appellate court
lead judgment
customary court laws
death of chief charles odah
federal commissioner
federal revenue court act
interest of justice
learned authors
learned judge
members of the ukpah district court
such terms
chief magistrates’ court bekwarra
circumstances of a given case
circumstances of each case
fears of bias
findings of the high court of cross river state
following issues
grant of the order
grounds of real likelihood of bias
interpretation of statutes
jurisdiction of the chief magistrate
late chief charles odah
magistrate court
mandatory provision
ogoja chief magistrates’ court
record of proceedings of the lower court
result of a proper evaluation of the evidence
supposed effect of failure
transfer of a matter
transfer of udc

OTISI JCA (Delivering the Lead Judgment): This is an appeal against the judgment and findings of the High Court of Cross River State, sitting at Bekwarra.

The facts leading to this appeal are, in summary, as follows: suit No. BDC/11/2007 was commenced in the Bekwarra District Court, Abuochiche against the appellants as defendants, seeking inter alia, a declaration of title to certain parcel of land. At the hearing, fears of bias caused the plaintiff to apply to the Ogoja Chief Magistrates’ Court in suit No. MOG/MISC 14/2007 for a transfer to any other District Court or High Court in the interest of justice. Upon grant of the Order, the matter was transferred to Ukpah District Court. The suit now became suit No. BDC/11/2007 and suit No. UDC/8/2008. The matter, part heard, was struck out on 3 April 2008 for want of diligent prosecution. The matter was not relisted before the death of Chief Charles Odah, who was the plaintiff at the time. The respondent, who is of the same family as la…

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