AFRICAN CONTINENTAL BANK PLC VS DAMIAN IKECHUKWU NWAIGWE & 2 ORS

CORAM

PARTIES

APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

While an appeal was pending, appellant applied for leave to apply for an order of certiorari to issue to bring before the High Court the decision of an Upper Area Court for the purpose of being quashed which leave was granted but the substantive application was refused by the court. Appellant then filed an application before the High Court for leave to file additional grounds of appeal which resulted in the 1st respondent filing a preliminary objection contending that the appeal was in abuse of process in view of the application for an order of certiorari to quash the same decision, which objection was taken and upheld by the court and the appeal dismissed. Appellant was dissatisfied and appealed to the Court of Appeal, which dismissed same resulting in the instant further appeal.

HELD

Dismissing the appeal

ISSUES

1. Whether or not the appellant’s appeal to the High Court of Adamawa State sitting in its appellate jurisdiction amounts to an abuse of court process. 2. Whether or not the prerogative writ/order of certiorari is an alternative to constitutional right of appeal. 3. Whether or not the court below considered all the issues raised especially the issue of estoppel and whether the court was right in affirming the judgment of the High Court sitting on appeal.

RATIONES DECIDENDI

CASES CITED

STATUTES REFERRED TO

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