Year: 2019

Civil Cases Fundamental Right Enforcement

Fundamental Rights- Section 46 of the Constitution-Territorial jurisdiction and not Divisional jurisdiction- inclusion of reliefs that appeared to be tortious in nature- Report to the Police- Tainted with malice- Involving Police in civil matters- MR. LAMBERT IKEANUMBA MR. ERNEST IKEANUMBA 1. INSPECTOR GENERAL OF POLICE 2. THE COMMISSIONER OF POLICE (IMO STATE POLICE COMMAND) 3. INSP. MORRIS (SCID, OWERRI) 4.MONDAY IKEANUMBA 5. UCHECHUKWU IKEANUMBA 6. MR. JAMES IKEANUMBA- delivered on 13th November 2019 by Hon. Justice Innocent M. Njaka.

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IN THE HIGH COURT OF IMO STATE IN THE OWERRI JUDICIAL DIVISION HOLDEN AT HIGH COURT OF JUSTICE, OWERRI ON THE 13TH  DAY OF NOVEMBER, 2019 BEFORE HIS LORDSHIP: -...
Criminal Cases

Charge Sheet- Section 78 (b) of the Criminal Procedures Act -Proper signing- Failure of the Police Officer to indicate his name- Prolonged custody without trial- quashing of charge- discharge of the Accused- IBRAHIM ABBO Vs COMMISSIONER OF POLICE – delivered on 13th November 2019- by Hon. Justice Innocent M. Njaka

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IN THE HIGH COURT OF IMO STATE IN THE OWERRI JUDICIAL DIVISION HOLDEN AT HIGH COURT OF JUSTICE, OWERRI HIGH COURT 11 ON THE  13TH DAY OF NOVEMBER 2019  BEFORE...
Civil Cases Fundamental Right Enforcement

Fundamental Right- Section 46 (1) of the 1999 Constitution – Three segments in violation of right- a completed act- continuing contravention- impending or imminent contravention- Proof of arrest and detention- Responsibility of every citizen to report a crime- Mode of arrest- invasion of home in a Rambo style- MR DOMINIC NJOKU Vs. 1. HRH EZE MALAKIO ONU 2. INSPECTOR GENERAL OF POLICE 3. ASSISTANT INSPECTOR GENERAL OF POLICE (ZONE 9 UMUAHIA ABIA STATE) 4. COMMANDER D3 ZONE 9 UMUAHIA ABIA STATE- delivered on 13th of November 2019 by Hon. Justice Innocent M. Njaka

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IN THE HIGH COURT OF IMO STATE IN THE OWERRI JUDICIAL DIVISION HOLDEN AT HIGH COURT OF JUSTICE, OWERRI HIGH COURT 11 ON THE  13TH DAY OF NOVEMBER 2019  BEFORE...
Civil Cases Land Cases

Consent Judgment- Rules of Court- Driving Principles and Objectives-Encourages Alternative Dispute Resolution -1.MR JOHN CHUKWUEMEKA OKENWA 2.REV JUDE C. OKENWA VS 1.EPHRAIM ALOZIE 2.MRS OJIJI ALOZIE 3.IYKE O (DOING BUSINESS IN THE NAME AND STYLE OF GOSIL TABLE WATER) – delivered on 30th October 2019 by Hon. Justice Innocent M. Njaka

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IN THE HIGH COURT OF IMO STATE IN THE OWERRI JUDICIAL DIVISION HOLDEN AT HIGH COURT OF JUSTICE, OWERRI  ON THE 30TH DAY OF OCTOBER, 2019  BEFORE HIS LORDSHIP: -...
Civil Cases Fundamental Right Enforcement

Fundamental Right- Reliefs Recognizable under Fundamental Right- Duty of Court to ascertain if the reliefs can be granted under Fundamental Right- Further Counter Affidavit- Further Address-1. HON.COLLINS OKOROJGWE 2. OKECHUKWU IWUAGVVU 3. IGNATIUS NWAIGWE 4. GODWIN OHAZURUIKE: 5. PASCHAL AGBAEGBL 6. ICHIE ANYANWU CHRISTOPHER NDUBUISI 7. ELDER DONATUS ABIAZIE 8. CHIEF LASERIAN ABIAZIE 9. MR. HERBERT MADU 10. GEOFREY EBEM 11. IBEAWUCHI AGOH 12. ANDREW OKORONTA VS. 1. ALBAN ADIM 2. ALBAN NWORGU 3. DANJUMA RAGGA DIVISIONAL POLICE OFFICER AHIAZU MBAISE – Delivered by Hon. Justice Innocent M. Njaka

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IN THE HIGH COURT OF IMO STATE NIGERIA IN THE MBAISE JUDICIAL DIVISION HOLDEN AT AHIAZU MBAISE ON THE  23RD DAY OF APRIL 2018 BEFORE HIS LORDSHIP: - HON. JUSTICE...
Civil Cases Land Cases

Amendment- Order 24 of the Imo State High Court Civil Procedure Rules 2008- If a party will not be allowed to depart from his pleadings, then justice demands that he should have all the liberty to amend before trial-BATHOLOMEW OKEH VS. THE ATTORNEY GENERAL OF IMO STATE, OKIRIKAMA UMUOKIRIKA CUMMUNITY GOVERNMENT COUNCIL AHIAZU MBAISE ,H.R.H. EZE (DR) DOM OKORO, EZE OKIRIKA, CASMIR UWALAKA, CHIEF NWAKANMA UKA- delivered by Hon. Justice Innocent M. Njaka

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IN THE HIGH COURT OF IMO STATE OF NIGERIA IN THE AHIAZU MBAISE JUDICIAL DIVISION HOLDEN AT AHIAZU ON, MONDAY, 6TH FEBRUARY, 2017 BEFORE HIS LORDSHIP: HON. JUSTICE I.M.NJAKA HAM/56/2016...
Criminal Cases

when trial of an accused person had begun and after the accused had been called upon to make his defence that withdrawal of the charge by prosecution would operate as an acquittal-SUIT NO: HAM/57/2016 – THE STATE  Vs REGINALD IHEMERE- delivered by Hon Justice Innocent M. Njaka     

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IN THE HIGH COURT OF IMO STATE OF NIGERIA IN THE AHIAZU MBAISE JUDICIAL DIVISION HOLDEN AT AHIAZU ON, WEDNESDAY 8TH FEBRUARY 2017. BEFORE HIS LORDSHIP: HON. JUSTICE I.M.NJAKA. SUIT...
Fundamental Right Enforcement

Fundamental Right- as citizen also has the right to lay complaint to the Police whenever he perceives that a crime has been committed, is being committed or is about to be committed- the nature of reasonable grounds for suspicion for an arrest- KENNEDY OGOKE  VS. DSP INNOCENT OBI, SERGENT EZE JOHN THE DIVISIONAL POLICE OFFICER (AHIAZU DIVISION),  THE COMMISSIONER OF POLICE, IMO STATE- delivered by Hon. Justice Innocent M. Njaka

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IN THE HIGH COURT OF IMO STATE OF NIGERIA IN THE AHIAZU JUDICIAL DIVISION HOLDEN AT AHIAZU ON, 12TH MAY, 2016. BEFORE HIS LORDSHIP:- HON. JUSTICE I.M.NJAKA. SUIT NO: HAM/51/2016...
General

Fundamental Right-Though citizens have the right to report or lay a complaint to the police but such right is abused when it is laced with ulterior drive seeking for oneself collateral advantage-The dedication, fidelity, loyalty and answerability of the police have to be only to the Rule of Law as laid out in the Constitution and other statutes- once parties have submitted their disputes to the court for determination, none of the parties is allowed to do any act or omission that would over-reach the interest of the other pending the determination of the suit- 1.KINGSLEY IJEZIE ATUGHARA 2. MOSES IJEZIE ATUGHARA 3. ADLINE IJEZIE ATUGHARA VS. 1. HRH EZE ISIDORE AZIKIWE IJEZIE ATUGHRA 2. COMMISSIONER OF POLICE, IMO STATE 3. DPO AHAIZU MBAISE POLICE STATION 4. INSPECTOR GODWIN ENYINNAYA-Delivered by Hon. Justice Innocent M. Njaka

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IN THE HIGH COURT OF IMO STATE OF NIGERIA IN THE AHIAZU MBAISE JUDICIAL DIVISION HOLDEN AT AHIAZU ON, 28TH NOVEMBER 2016. BEFORE HIS LORDSHIP: HON. JUSTICE I.M.NJAKA. SUIT NO...
Criminal Cases

Section 284 of the Criminal Procedure Act- Complainant entering witness box to withdraw complaint-Prosecution withdrawing information- ATTORNEY GENERAL OF IMO STATE  VS. ANTHONY AKWUKWUEGBU, ANTONIA AKWUKWUEGBU -delivered by Hon. Justice Innocent M. Njaka

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IN THE HIGH COURT OF IMO STATE OF NIGERIA IN THE AHIAZU MBAISE JUDICIAL DIVISION HOLDEN AT AHIAZU ON, FRIDAY, 7TH DECEMBER 2016. BEFORE HIS LORDSHIP: HON. JUSTICE I.M.NJAKA. HAM/...
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