Umu Udoeke Umueze Village Isuofia & Anor. V. Umueze Village Union & 11 Ors. (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

SAMUEL CHUKWUDUMEBI OSEJI, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of C. O. Amechi J. of the Aguata Division of the High court of Anambra State delivered on the 17th day

of December 2007, in Suit No. AG/MISC 6512007 (UMU UDOEKE UMUEZE VTLLAGE VS. UMUEZE VILLAGE UNION. Wherein the relief sought by the applicants for the enforcement of fundamental rights was granted.

The facts of the case is that the applicants (hereinafter refened to as the Respondents) filed a motion ex parte

for leave to apply for the enforcement of their fundamental rights on the 18/9/2007. Accompanying the said motion ex parte was a statement pursuant to Order 1 Rule 2(3) of the fundamental Rights (Enforcement

Procedure) Rules 1979 and a verifying affidavit to which is attached a document marked “Exhibit A”. There is also a written address in support of the motion ex parte.

The said application for leave was moved and granted on 2/10/2007 after the respondents withdrew paragraph 2

of the reliefs sought and the said paragraph 2 was struck out by the trial judge.

The reliefs granted by the learned trial judge read thus:-

It is hereby ordered:-

1. That leave is hereby granted to the applicants to apply for the enforcement of their fundamental rights to freedom of thought, conscience and religion as guaranteed by compulsory acquisition of property as guaranteed

by Section 38,40, and 44 of the 1999 Constitution of Nigeria.

2. That an order of interim Injunction restraining the Respondents their agents or his officers from banning,

stopping and arresting applicants and or interfering in anyway with the activities of Udo Eke pending

determination of the substantive application. This application shall serve as a stay;

3. That return date for substantive motion as Notice shall be 15th day of October, 2007.

Subsequently, the Respondents (now the appellants) filed a counter affidavit on 17/10/2007. They also filed a