ABUBAKAR & ORS
V.
JOS METROPOLITAN DEVELOPMENT BOARD & ANOR

(1997) JELR 45419 (CA)    

Court of Appeal  ·  CA/J/80M/97 ·  21 Jul 1997 ·  Nigeria
 · 
Other Citations
Abubakar v. J.M.D.B. (1997) 10 NWLR (Pt.524)
Abubakar v. J.M.D.B. (1997) 10 NWLR (Pt. 524) 242
CORAM
GEORGE ADESOLA OGUNTADE Justice of The Court of Appeal of Nigeria DENNIS ONYEJIFE EDOZIE Justice of The Court of Appeal of Nigeria MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE Justice of The Court of Appeal of Nigeria
Core Terms Beta
applicants
respondents
application
premises
determination of the appeal
said premises
trial court
yan soso
1st respondent
counter-affidavit
laranto market jos
lower court
market stalls
said motion
stay of execution
supporting affidavit
above ruling
behalf of angona nigeria limited
case of governor of lagos state v
clear days
completed act
constitution of the federal republic of nigeria
counsel mr. chris abashi
determination of the substantive suit
facts of the case
following orders
grant of an injunction
grounds of law
honourable court
injunctive reliefs
instant application
interim injunction
irreparable injury
issue of jurisdiction
lead ruling
main market
mandatory injunctions
notice of appeal exhibit
notice of preliminary objection
point affidavit
quit notice
registry of this court
respect of an act
successful defendant
such further orders
triable issue
unsuccessful plaintiff

EDOZIE, J.C.A. (Delivering the Lead Ruling): By a motion on notice dated 30th May, 1997 filed in the registry of this court on 2nd June, 1997, the applicants prayed for the following orders:

"1. directing the respondents to rebuild and restore to the applicants, the applicants' stalls which were situate at the premises known as Yan Soso at the Laranto Market Jos which stalls were unlawfully destroyed by the respondents pending the determination of the appeal herein;

2. restraining the respondents from interfering with the applicants' right to occupy the said premises pending the determination of the appeal herein AND such further orders as the Honourable Court may deem just."

The motion is supported by a 15 point affidavit and 9 Exhibits. In opposition thereto, the respondents on 11th June 1997 filed a counter-affidavit of 6 paragraphs.

As can be garnered from the affidavit evidence and the accompanying exhibits, the facts of the case giving rise to the application may be summarized…

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