Year: 2020

Civil Cases

ORDER NISI- SERVICE ON THE JUDGMENT DEBTOR- APPLICATION TO SET ASIDE ORDER NISI- POWER TO MAKE ANOTHER GARNISHEE ORDER NISI WHEN THERE IS PENDING AND SUBSISTING ORDER NISI- GROUNDS UPON WHICH THE JUDGMENT DEBTOR MAY BE HEARD IN THE PROCEEDINGS LEADING TO ORDER ABSOLUTE –EFFECT OF MOTION FOR STAY OF EXECUTION- UKEL GLOBAL INVESTMENT LIMITED V IMO MARKETING COMPANY LIMITE ATTORNEY GENERAL OF IMO STATE AND DIAMOND BANK PLC, ZENITH BANK PLC, UNITED BANK FOR AFRICA PLC, IMO MICRO FINANCE BANK STANBIC IBTC BANK PLC FIRST BANK PLC- Ruling delivered- ON THE 13TH DAY OF FEBRUARY 2020 BY HIS LORDSHIP: – HON. JUSTICE I. 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 FEBRUARY  2020 BEFORE...
Civil Cases

Orders 4 Rule 3 and 60 Rule 2 Imo State High Court Civil Procedure Rules 2017- Endorsement as the capacity in which the claim is brought-Failure to so endorse- Will not vitiate the Originating Process –Motion to strike out and Motion to regularize –which takes precedent – Order 6 Rule 6 (1) (2) and (7)- Expired Writ- not served within 12 months- not cease to exist- not dead-only in abeyance- MRS RITA AMADI V. 1.PROBATE REGISTRAR HIGH COURT, OWERRI, 2.ESTATE OF GRACE AMADI 3.MRS. DORATHY UZOECHINA (NEE AMADI), 4.MISS MARY ANN AMADI, 5.DOUGLAS AMADI 6.FRANCES AMADI 7.OPARA EMMANUEL N 8.IHEANACHO MARIA – SUIT NO: HOW/843/2017- DELIVERED ON THE 11TH DAY OF MARCH 2019 BY HIS LORDSHIP: – HON. JUSTICE I. 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  11TH DAY OF MARCH 2019 BEFORE...
Civil Cases

SETTING ASIDE JUDGMENT- JUDGMENT UNDER THE UNDEFENDED LIST- NON SERVICE OF HEARING NOTICE – WASIT CONSTRUCTION COMPANY LIMITED V GOVERNMENT OF IMO STATE, ATTORNEY GENERAL OF IMO STATE – HOW/140/2018 – Ruling delivered ON THE 3RD DAY OF MARCH 2020 BY HIS LORDSHIP: HON. JUSTICE I. 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  3RD DAY OF MARCH 2020 BEFORE...
Fundamental Right Enforcement

Fundamental Right- Reasonable suspicion of crime- Duty to issue receipt to a tenant- eviction of a tenant who complained of non issuance of receipt- reporting a caretaker to the police- BARR. CHIDI JOSEPH IBEH V 1.INSPECTOR GENERAL OF POLICE 2.COMMISSIONER OF POLICE IMO STATE 3.DPO NEW OWERRI DIVISIONAL POLICE HEADQUARTERS 4.NWIGWE CHIBUIKE 5.PERPETUAL DESMOND UZUEGBU 6.UJAH UCHE AUGUSTINE – SUIT NO: HOW/763/2018- delivered ON THE 31ST DAY OF MARCH 2020 -BY HIS LORDSHIP: – HON. JUSTICE I. 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   31ST DAY OF MARCH 2020 BEFORE...
Civil Cases Defamation

Defamation- Libel- Defendant who filed pleadings, who did not call a witness but cross-examined the Plaintiff- what qualifies as publication- Instances where a statement without more will be taking to be libelous – Truth is an absolute defense to libel claims –Onus to prove the truthfulness- MRS. OGECHI OSUAGWU V HON, JUSTIN BROWN AMADI delivered ON THE 31ST DAY OF MARCH 2020 BY HIS LORDSHIP: – 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   31ST DAY OF MARCH 2020 BEFORE...
Fundamental Right Enforcement

Fundamental Rights- Burden lies on the applicant-When a matter is sub judice-complaint to the police amount to violation of rights- Once parties have turned their dispute over to the courts for determination, to resort to self-help ends – CHIEF AMANZE C.P. NJOKU V. 1. MRS. CHINYERE J. NWOKE 2. STATE SECURITY SERVICE 3. THE DIRECTOR GENERAL, SMALL AND RESPONDENTS MEDIUM ENTERPRISES DEVELOPMENT AGENCY (SMEDAN) 4. COMMISSIONER OF POLICE, IMO STATE SUIT NO: HOW/207/2019- Delivered ON THE 31ST DAY OF MARCH 2020 BY HIS LORDSHIP: – 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   31ST DAY OF MARCH 2020 BEFORE...
Civil Cases Land Cases

Service of Process on the Local Government- Service on the Litigation Officer-Appearance of Counsel without protest-1. BONIFACE O. ANYANWU 2. LAZARUS AMAJUOYI ANYANWU 3. CAJETHAN ANYANWU 4. CHRISTIAN ANYANWU 5. ROMANUS ANYANWU (Suing for themselves and on behalf o Anyanwu’s family of Umuihuocha, Umuamaranno, Umuihuocha in Obihia, Ahiazu Mbaise, Imo State) AND 1. HRH EZE FERDINARD ALILONU 2. MR. NICHODEMUS IBE 3. MR. EMMANUEL NNEJI 4. MR. MICHAEL AGUNANNE 5. MR. UDOCHUKWU AGUNANNE 6. MR. SYLVANUS ANUJURUM 7. MR. KEVI ONUOHA 8. MR. THEODORE OKORO 9. AHIAZU MBAISE LOCAL GOVERNMENT COUNCIL 10. MINISTRY OF LANDS, IMO STATE 11. ATTORNEY GENERAL, IMO STATE 12. ATTORNEY GENERAL OF THE FEDERATION 13. INSPECTOR GENERAL OF POLICE-SUIT NO: HAM/93/2018-delivered on 29-10-19 by Hon. Justice I.M.Njaka

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IN THE HIGH COURT OF IMO STATE OF NIGERIA IN THE MBAISE JUDICIAL DIVISION HOLDEN AT AHIAZU MBAISE MONDAY 29TH OCTOBER, 2019 BEFORE HIS LORDSHIP: - HON. JUSTICE I.M.NJAKA. SUIT...
Divorce Cases

Divorce-Application to set aside service-Service through a 3rd party- CHIDIEBERE CHUKWUEMEKA IWUNZE AND UGOCHI CYNTHIA IWUNZE (NEE MGBEIKE)-delivered on 4-11-19 by Hon. Justice Innocent M. Njaka

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IN THE HIGH COURT OF IMO STATE OF NIGERIA IN THE MBAISE JUDICIAL DIVISION HOLDEN AT AHIAZU MBAISE MONDAY, 4TH NOVEMBER, 2019 BEFORE HIS LORDSHIP: - HON. JUSTICE I.M.NJAKA.                                                       ...
Civil Cases Land Cases

Application to discharge a party who said he was wrongly served with court processes-It is not the duty of the court to compel a person to defend a matter in which he has no interest whatever-1. MR. PATRICK ANYANWU 2. MR. CASMIRE ANYANWU AND 1. OKECHUKWU COLLINS ANYANWU 2. CHIHUO ANYANWU 3. AUGUSTINE ONUOHA IN RE: ANYANWU NNAEMEKA COLLINS-delivered on 4-11-19 by Hon. Justice Innocent M. Njaka

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IN THE HIGH COURT OF IMO STATE OF NIGERIA IN THE MBAISE JUDICIAL DIVISION HOLDEN AT AHIAZU MBAISE MNDAY, 4TH NOVEMBER 2019 BEFORE HIS LORDSHIP: - HON. JUSTICE I.M.NJAKA. HAM/62/2019...
Criminal Cases

Armed Robbery- Ingredients of Armed Robbery- Failure to Tendered the Offensive Weapon-Failure to Prove the existence of the Robbed Item- Identification or Recognition of the Accused by the Victim-Delay in making a Report to the Police-Defence of Alibi -Failure to Produce the Extrajudicial Statement of the Accused/Witnesses-THE STATE VS IZUCHUKWU ONUOHA- Charge No: HAM/57C/2018 – delivered on 10-12-2019 by Hon. Justice Innocent M. Njaka

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IN THE HIGH COURT OF IMO STATE OF NIGERIA IN THE MBAISE JUDICIAL DIVISION HOLDEN AT AHIAZU MBAISE TUESDAY 10TH DECEMBER, 2019 BEFORE HIS LORDSHIP: - HON. JUSTICE I.M.NJAKA. Charge...
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