Oliver Onyali & Anor V. Chief Nwankwo Okpala & Ors (2000)

LawGlobal-Hub Lead Judgment Report

MUHAMMAD, J.C.A. 

This appeal is against the ruling of M.A. Onyuike J. of the Anambra State High Court sitting at Awka. The particular ruling, dated 9th June, 1997, is in respect of suit No. A/MICS/22/97. Respondents in the instant appeal had applied for and were granted leave to apply for an order of certiorari to remove to the High Court for the purpose of the judgement of Mbailinofu Customary Court being quashed. The appellants before us were respondents at the court below and their appeal is against the order of the court which granted the applicants the leave they sought.

By their notice of appeal, appellants filed three grounds of appeal hereunder reproduced without their particulars. These are:

Ground 1

Error in law:

The learned trial Judge erred in law granting applicants/respondents leave to apply for judicial review, to wit, an order of certiorari, when the application exparte for leave did not satisfy the requirements of Order 37 rules 3 (1) and (2) of the High Court Rules, 1988.

Ground 2

Error in law:

The learned trial Judge erred in law granting applicants/respondents leave to apply for judicial review when all the documentary evidence before it are inadmissible in law.

Ground 3

Error in law:

The learned trial Judge erred in law by granting leave to the applicants/ respondents to apply to remove the judgment of the Customary Court, Mbailinofu to the High Court for same to be quashed, when the applicants failed to make a prima facie case that entitles them to the relief.

Arising from the above grounds of appeal, the appellants presented three issues for determination in the appeal viz:-

(i) Whether the respondents in their application for leave, satisfied the requirements of Order 37 rules 3(1) and (2) of the High Court Rules, 1988 and if they failed to satisfy same whether the failure does not defeat the application and consequently the leave granted.