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ABOYEJI & ANOR
V.
ATOYEBI & ORS

(2018) JELR 38837 (CA)

Court of Appeal 10 Jul 2018 Nigeria
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Case Details

Suit Number:CA/IL/M.31/2013
Judges:MOJEED ADEKUNLE OWOADE Justice of The Court of Appeal of Nigeria CHIDI NWAOMA UWA Justice of The Court of Appeal of Nigeria HAMMA AKAWU BARKA Justice of The Court of Appeal of Nigeria
Counsel:O. W. Akanbi Esq. with him, K. A. Aminu Esq. For Appellant For Respondent

HAMMA AKAWU BARKA, J.C.A. (Delivering the Leading Judgment): This Appeal is against the ruling of M. A. Afolayan of the Kwara State High Court sitting in Ilorin; in which the respondents application for injunctive reliefs were granted.

The history of the present case appears straight forward. It is as captured by the lower Court in its ruling of the 12th of October, 2012. For a proper understanding of the situation, I reproduce the series of events that led to the present appeal, as captured by the lower Court thus:

A motion exparte was filed and assigned to this Court during the judges vacation. The motion exparte was accompanied by an affidavit of urgency and a motion on notice. Both the motion exparte and motion on notion are in respect of a case already pending before the Omu-Aran High Court with suit No KWS/OM/8/2011.

This application is given a new suit No KWS/82M/2012. The exparte application and motion on notice were asking for the following reliefs:

An order of this Court restrai…

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