(2018) JELR 38837 (CA)    

Court of Appeal  ·  CA/IL/M.31/2013 ·  10 Jul 2018 ·  Nigeria
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
Core Terms Beta
lower court
interlocutory injunction
counter affidavit
senior counsel
affidavit of urgency
respondents application
further affidavit
motion exparte
suit no kws
omu-aran high court
subject matter
substantive suit
character of the land
grant of the application
honourable court
kwara state
learned counsel
paragraph affidavit
rules of this court
support of the application
supreme court
vacant portion of the land
advantage of the judges vacation
appellants brief of argument
brief oral arguments
circumstance of this application
counsel claim of the defendant
expanse of land
exparte application
given case
grant of this application
hearing of the motion
history of the present case
interest of peace
issue of apprehension of threat
judges vacation
opportunity of the courts vacation
order of this court
part of the land
point of law
present appeal
respect of a case
ruling of m. a. afolayan of the kwara state high court
serious breach of the peace
submission of the learned counsel
trial stage
u.a.c omu-aran
vacant portion of the land subject of dispute
whole of iji-isin

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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