CaseLaw
Onyemobi V. President O.C.C. (1995) CLR 3(I) (CA)
Brief
Facts
3rd respondent (as plaintiff) sued appellant (as defendant) at the customary court Onitsha and obtained judgment for the custody of three children of his brother – Simeon Izundu.
Appellant appealed to the magistrate court. Before the appeal could be heard, appellant brought a motion on notice under ord.15, R.1 of the Magistrate court rules praying the court to set aside the customary court judgement on grounds of Nullity since judgment was obtained in the absence of appellant.
The magistrate did not grant the order based on the fact that the appellant ought to have brought the motion to the customary court in the first instance.
Appellant then brought another motion in the High Court for leave to apply for an order of certiorari for the purpose of moving into the court, the proceedings of the customary court for the purpose of being quashed. Court granted the leave sought but after hearing the motion for an order of certiorari, the trial judge refused it.
Dissatisfied, appellant went to the court of appeal.