Ogbonnaya Nwite & Anor V. P. N. Njemanze Chief Magistrate, Owerri & Anor (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

PHILOMENA MBUA EKPE, J.C.A. (Delivering the Leading Judgment)

This Appeal emanated from the ruling of Hon. Justice Chioma Nwosu Iheme (as she then was) of the High Court of Imo State sitting in Owerri delivered on 14th day of December 2005 dismissing the application for certiorari brought by the Appellants on the grounds that it was statute barred.

FACTS

The facts relevant to this appeal can be summarized as follows: On 1st day February 1994 the 1st Respondent, then a Chief Magistrate made an order for possession in respect of the property known as and called plot 49, 2nd Street Federal Low Cost Housing Estate, Aladinma Owerri, Imo State, against the Appellants.

At the time of making the order the Appellants had a suit pending at the High Court for ownership of the property. The 2nd Respondent in execution of the order on 10/3/94 ejected the Appellants from the property. Upon the application of the Appellants to the High Court they were restored to the property and the 2nd Respondent barred from doing anything to stop their entering the property.

On the 15th day of October, 2001 the 2nd Respondent again ejected the Appellants from the property. This made the Appellants on 27th day of November 2001 to bring an ex parte application to the High Court for purposes of quashing it.

The application for leave was granted as prayed on 11th day of December 2001. Sequel to the leave, the Appellants on 20th day December 2001 filed the motion on notice for judicial review. Argument was taken on the motion and on 14th day of December 2005 the learned judge dismissed the application for being statue barred.

Dissatisfied with the ruling dismissing the application, the Appellants brought the present appeal.

GROUNDS OF APPEAL

In a Notice of Appeal dated and filed on 14th day of February 2006 the Appellants raised the following grounds of appeal.

GROUND ONE

Error in law:

The learned trial judge erred in law when he on the 14th December, 2005 held that the Applicants/Appellants action or application for certiorari among other reliefs was statute barred.

GROUND TWO