Aminu a. Umar V. Daniel Obi Onwudine & Ors. (2002)

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UMOREN J.C.A. 

This is an appeal by the 1st respondent against the decision of the High Court of Justice no.1 Zaria division upon an ex-parte application, in that court.

The applicants, 1st and 2nd respondents herein filed an ex-parte application before the said High Court in respect of a case pending between them and the 1st respondent/appellant at the Chief Magistrate’s Court 4, G.R.A. Zaria presided over by the 3rd respondent. The motion ex-parte was for the following reliefs; that is to say:-

“An order granting leave to the 2nd applicant to be joined as an interested party in this application.

An order(sic) leave to the applicants to bring to the High Court of Zaria the entire proceedings decisions of the 2nd respondent in suit No. ZAC/126x/96 Aminu A. Umar v. Daniel Obi Onwudine for the purpose of quashing same for being null and void having been made in breach of the applicants’ fundamental rights to fair hearing and without jurisdiction.

An order compelling the registrar of the 2nd respondent to produce and forward to this court the records of all proceedings, decisions, rulings and judgment in the said suit No. ZAC/126x/96 Aminu A. Umar v. Daniel Obi Onwudine for the purpose of quashing same for being null and void having being made in breach of the applicants fundamental right to fair hearing being made in breach of the applicants fundamental right to fair hearing or having been made without jurisdiction.

An order releasing to the 2nd Applicant, his bus C.20 Registration No. KD 691 MK detained by the 2nd respondent on the oral application of the 1st respondent. (Emphasis ours).

An order transferring the suit No.ZAC/126x/96 Aminu A. Umar v. Daniel Obi Onwudine pending before the 2nd respondent to any other Magistrate in Zaria on ground of bias and lack of fair hearing contrary to section 33 of the 1979 Constitution of the Federal Republic of Nigeria as amended (Emphasis ours) etc. (These are contained at pages 8-9 of the record of proceedings).

The Hon. Judge of the High Court aforesaid, S.H. Makeri J. made orders granting the whole prayers on the ex-pate application on the same 28/11/96, (pages 9-10 of the record of proceedings). On the 2/12/96 the 1st respondent appealed against the High Court ex-parte orders. (The notice and the grounds of appeal are at pages 15-17 of the record of proceeding).

The learned trial Judge granted all the reliefs ex-parte.

The facts leading to this appeal were that before filing the ex parte application, there was a complaint in a criminal case of cheating filed at the Chief Magistrate’s Court 4 Chaddiya, Zaria i.e. before the 3rd respondent:

“The case of the appellant at the Chief Magistrates Court aforesaid was that the complainant had a transaction with the 1st respondent involving vehicle C.20 Bus registration No. KD 691 MK and vehicle Registration No. OY 2137 HB.

The appellant traded his vehicle with the respondent’s vehicle registration No. OY 2137 HB and the appellant gave the 1st respondent the sum of N100,000.00k in addition to the vehicle to make up for the value of the 1st respondent’s vehicle.

Afterwards, the 1st respondent met the appellant and recovered his vehicle from the appellant on the premises that vehicle No. OY 2137 HB was a stolen vehicle thereby rescinding the contract between them. The appellant therefore asked for his money (N100,000.00k) and the return of his vehicle registration No. KD 691 MK which the 1st respondent promised to return to the appellant.