(2018) JELR 38956 (CA)    

Court of Appeal  ·  CA/PH/277/2004 ·  18 May 2018 ·  Nigeria
RAPHAEL CHIKWE AGBO Justice of The Court of Appeal of Nigeria MASSOUD ABDULRAHMAN OREDOLA Justice of The Court of Appeal of Nigeria AYOBODE OLUJIMI LOKULO-SODIPE Justice of The Court of Appeal of Nigeria
Core Terms Beta
1st respondent
learned counsel
learned trial judge
2nd day of may
instant case
lower court
motion ex-parte
3rd respondents
preliminary objection
fair hearing
1st respondents
4th respondent
6th respondents
fundamental rights enforcement procedure rules
jurisdiction of the lower court
local government area of imo state
necessary leave of the lower court
respective parties
service of the motion
support of the application
1st 3rd appellants
1st respondents application
2002.the appellants
29th day of june
abia state of nigeria
affidavit of service
arrest of the applicant
complete agreement
copy of the statement
decision of the lower court
ex-parte motion
filed motion
grant of the following reliefs
interlocutory appeal
leave of court
main objections of the appellants
order of injunction
requisite mandatory provisions of the fundamental rights
respective briefs of argument
ruling of the federal high court
said court
service of the said verifying affidavit
violation of applicants fundamental rights
violation of the applicants fundamental right

MASSOUD ABDULRAHMAN OREDOLA, J.C.A.(Delivering the Leading Judgment): This is an interlocutory appeal against the ruling of the Federal High Court sitting at Umuahia, Abia State of Nigeria, (hereinafter referred to as the lower Court), delivered on the 29th day of June, 2004 by Hon. Justice J. T. Tsoho, J.

The ruling pertains to the decision of the lower Court, wherein the said Court dismissed the 1st 3rd respondents/1st 3rd appellants preliminary objection, challenging the jurisdiction of the lower Court to entertain the applicant/1st respondents (hereinafter referred to as the 1st respondent) suit. The suit from where this appeal emanated from was commenced by a motion ex-parte dated the 26th day of April, 2002 and filed on the 2nd day of May, 2002, wherein the 1st respondent sought to protect and/or seek redress for the breach of his fundamental right and sought for the grant of the following reliefs:

(A) A declaration that the arrest of the Applicant at Atta in Njaba Local Governmen…

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