May 25, 2025
Legalpedia Citation: (2010) Legalpedia (SC) 68341 In the Supreme Court of Nigeria Fri Jan 29, 2010 Suit Number: SC.339/2001 CORAM ALOYSIUS IYORGYER KASTINA-ALU, JUSTICE, SUPREME COURT WALTER […]
CORAM
ALOYSIUS IYORGYER KASTINA-ALU, JUSTICE, SUPREME COURT
WALTER SAMUEL ONNOGHEN, JUSTICE, SUPREME COURT
MUHAMMAD MUNTAKA-COOMASSIE, JUSTICE, SUPREME COURT
ALOYSIUS IYORGYER KASTINA-ALU, JUSTICE, SUPREME COURT
ALOYSIUS IYORGYER KASTINA-ALU, JUSTICE, SUPREME COURT
ALOYSIUS IYORGYER KASTINA-ALU, JUSTICE, SUPREME COURT
ALOYSIUS IYORGYER KASTINA-ALU, JUSTICE, SUPREME COURT
ALOYSIUS IYORGYER KASTINA-ALU, JUSTICE, SUPREME COURT
ALOYSIUS IYORGYER KASTINA-ALU, JUSTICE, SUPREME COURT
PARTIES
ALFRED ONYEMAIZU APPELLANTS
J.A. OJIAKO (CHIEF MAGISTRATES COURT EKWULOBIA) & ANOR
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant filed an affidavit verifying service in an application for Certiorari under Order 37 of the Anambra State High Court Rules 9 months after the application was fixed for hearing and after the preliminary objection had been partly heard.
HELD
The court held that the affidavit ought to have been filed before the matter was fixed for hearing and that the application was rightly struck out by the lower court.
ISSUES
Whether the provisions of Rule 5(4) of Order 37 have been complied with or not by the applicant in initiating this application ?
RATIONES DECIDENDI
NEED FOR COMPLIANCE WITH THE RULES OF COURT
Where a rule of court provides for the doing of any act before a case can be heard, it is my view that that Rule of Court must be followed strictly. Rules of Court are made to be obeyed – Chukwuma-Eneh J.S.C
CASES CITED
PAVEX INT. CO. LTD. v. AFRIBANK LTD. & ANOR. (2000) and 4SC (Pt.11) 1961; (1985) 4 SC 156 at 163; EZEOKE V. NWAGBO (1988) 1 NWLR (Pt.72) 616 at 626;OSAFILE V. ODE (NO.1) (1990) 3 NWLR (Pt.137) 130 MADUKOLUM V. NKEMDILIM (1962) 1 NWLR 587.Re: Appolos Udo