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CaseLaw

Ndigwe V. Ibekendu (1998) CLR 7(f) (CA)

Brief

  • Fundamental rights enforcement
  • Interlocutory ruling
  • Affidavit evidence
  • Federal High Court

Facts

On 2nd May, 1997, the applicants, who are now 1st and 2nd respondents filed a motion ex parte at the Federal High Court, Enugu, which inter alia asked for “leave to apply for an order enforcing and/or securing the enforcement of the fundament right of the 1st applicant…..”

The learned trial Judge granted the application. He gave the following orders ex parte:

  • "1.
    That leave is hereby granted to the applicants to enforce their fundamental rights against the respondents.
  • 2.
    That the leave granted shall operate as a stay of all actions or matters relating to or connected with complaints of the applicants pending the determination of the substantive application.
  • 3.
    That the respondents are ordered to release the vehicle No. Oy9558 AH and the Engine No. 049176 installed in vehicle with Registration No. AN4663Kto the applicants on bond.
  • 4.
    That the return date is 16th May, 1997”.

Dissatisfied with the order, the appellants have come to this court on appeal.

Issues

  • 1.
    Whether the trial court had jurisdiction to entertain the application or to...
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