EX PARTE APPLICATION- WHETHER AN EX PARTE APPLICATION CAN BE CHALLENGED BY AN ADVERSE PARTY  

 

Gbenga Babawibe
Joined: 10 months ago
Posts: 156
12/09/2019 11:26 pm  
"Furthermore, by its very nature an ex parte application as in the instant case cannot be challenged or contradicted by the other party. See: 7-Up Bottling Company Limited Vs. Abiola And Sons Limited (1995) 3 NWLR (Part 383) 257; Naa Vs. Orjiakor (1998) 6 NWLR (Pt. 553) Page 253; And Okiye Vs. State (2014) LPELR-22194 (Ca) Page 33.

In other words, in view of the fact that at the ex parte stage, there was no contrary evidence before the lower Court disproving or discrediting the Affidavit evidence in support of the Respondent's Motion ex parte, the learned trial Judge was right by relying on the unchallenged Affidavit evidence in granting the ex parte application."

PER M. A. OWOADE, J.C.A IN TH CASE OF DAME MRS. PATIENCE IBIFAKA JONATHAN V. FEDERAL REPUBLIC OF NIGERIA :LER[2018] CA/L/578/2017 

 


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