CORAM

MUHAMMADU LAWAL UWAIS CHIEF JUSTICE NIGERIA

IDRIS LEGBO KUTIGI JUSTICE, SUPREME COURT

UDOMA, JUSTICE, SUPREME COURT

DENNIS ONYEJIFE EDOZIE JUSTICE, SUPREME COURT

PARTIES

OKACHI AZUOKWU APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The appellant filed a certiorari application seeking to quash the judgment of the customary court granting the  respondent title to the land in dispute  on grounds of bias and jurisdiction.

HELD

The court held that there was nothing to show likelihood of bias from the evidence in the records.

ISSUES

1. Whether the High Court in his (sic) supervisory capacity over inferior courts (in an application for Certiorari) was limited to consider the record of the inferior court as a whole to see whether there is error on the face of the record or a jurisdictional defect or irregularity which must be corrected by quashing the record of the inferior court.2. Whether from the depositions in the affidavit in support of the motion before the High Court of Rivers State and upon which the application for judicial review was fought, it can be said that the High Court had no materials at all to grant the relief sought and or to hold as he did that there was real likelihood of bias in the customary Court.

RATIONES DECIDENDI

CASES CITED

1) Uku V. Okwumagba (1974) 3 SC. 35;2) Falobi V. Falobi (1976) 9-10 SC 1 at 15,(2004) 5 SCM, 2005;3) Din V. A. G of Federation (1986) 1 NWLR (Pt.17) 471 at 4874) Olusanmi V. Oshasona (1992) 6 NWLR (Pt.245) 225) Metropolitan Properties Co Ltd. V. Lannon (1969) 1 Q.B. 577; 6) Olue & ors V. Enenwali & ors (1976) 2 SC 23

STATUTES REFERRED TO

NONE

CLICK HERE TO READ FULL JUDGMENT