Day: November 8, 2019

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/...
Civil Cases Contract

Jurisdiction- Territorial and Divisional Jurisdiction – Order 2 Rues 3, 4, 5 of Imo State High Court Procedure Rules 2008- in determining whether this court is imbued with the requisite jurisdiction to determine this suit only the Claimant’s Statement of Claim is relevant- Substantial compliance with the requirement of Section 115 (4) of the Evidence Act- REODA ENGINEERING LTD   VS. FAVOUR NELSON OKORIE, HYCINTH MBAKWE (A.K.A. HIGH MAN) (TRADING UNDER THE NAME AND   STYLE H. TOBECHUKWU VENTURES)- 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, 16TH DECEMBER, 2016. BEFORE HIS LORDSHIP: HON. JUSTICE I.M.NJAKA. SUIT...
Criminal Cases

Bail- Bail Pending Appeal- consideration of the substantiality of the grounds of appeal as a condition- factors such as length of sentence, nature of offence etc- TIMOTHY ONUACHU, THOMAS NJOKU, CHIZOBA OKEKE VS. COMMISSIONER OF POLICE  – 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, 24TH OCTOBER 2016. BEFORE HIS LORDSHIP: HON. JUSTICE I.M.NJAKA.      ...
Criminal Cases

Bail- The court should not hasten to remand an accused in custody by reason only of the gravity of the offence which he is alleged to have committed- ONYEKACHI OPARA  VS COMMISSIONER OF POLICE ATTORNEY GENERAL OF 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, 21ST SEPTEMBER 2016. BEFORE HIS LORDSHIP:- HON. JUSTICE I.M.NJAKA. SUIT NO HAM/3M/2016...
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