Evang. Nicholas Offor & Ors V. His Worship, M. D. Kanu Esq (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

PETER OLABISI IGE, J.C.A. (Delivering the Leading Judgment)

This appeal is against the decision of IMO STATE HIGH COURT contained in the Order of Honourable Justice B. A. NJEMANZE made on 24th day of October, 2007 in Suit NO. HOR/111/2007 EVANG. NICHOLAS OFFOR & 2 ORS. VS. HIS WORSHIP M. D. KANU ESQ. Chief Magistrate GRD 1.

The Appellants as Applicants had by a Motion Ex – Parte dated 26th day of July, 2007 filed on 22nd August 2007 sought for leave to apply for reliefs by way of judicial review pursuant to Order 43 of the then High Court of Imo State (Civil Procedure) Rules 1988 for:

“(1) LEAVE to apply for an order of Judicial Review in terms of reliefs set out in the statement attached hereto.

(2) That Leave herein granted shall operate as a stay of all actions and proceedings in respect of the subject matter of these proceedings.

And for such further order or other orders as this Honourable Court may deem fit to make in the circumstances.

AND TAKE NOTICE that the grounds for this application are as set out in the statement

1

hereto attached.

AND TAKE NOTICE that at the hearing of this Motion the Applicants will use and rely on the Affidavit and Exhibits attached hereto.”

The leave sought was duly granted by the Honourable Justice NGOZI OPARA in the following terms viz:

UPON READING THE MOTION EX-PARTE brought under Order 43 Rule 1(1), (2), (3), (50, (10) of the High Court (Civil Procedure) Rules and Section 6(6) of the 1999 Constitution together with the Statement setting out the names and description of the applicants, Reliefs, Sought, Grounds upon which these reliefs are sought, Affidavits verifying the facts relief upon and the Exhibits annexed and after hearing C. G. Erendu Esq. of Counsel for the applicants, the Court hereby orders as follows:-

LEAVE IS HEREBY granted the applicants to apply for an order of Judicial Review in terms of the reliefs set out in the Statement attached thereto.

IT IS FURTHER ORDERED that leave so granted shall operate as a stay of all actions and proceedings is respect of the subject matter of these proceedings pending the final disposal of the