(2005) JELR 45120 (CA)    

Court of Appeal  ·  CA/B/147/2000 ·  5 May 2005 ·  Nigeria
AMINA ADAMU AUGIE Justice of The Court of Appeal of Nigeria NWALI SYLVESTER NGWUTA Justice of The Court of Appeal of Nigeria UWANI MUSA ABBA AJI Justice of The Court of Appeal of Nigeria
Core Terms Beta
4th respondents
learned trial judge
interlocutory injunction
4th respondent
odio-ologbo of ofagbe
writ of summons
statement of claim
7th defendant
trial court
amended statement of claim
interim order
motion ex-parte
3rd respondents
process of this court
final determination of the suit
order of interim injunction
original defendants
28th day of january
injunctive reliefs
interim order of injunction
ologbo of ofagbe
particular circumstances of this case
respective counsel
1st-3rd respondents
act of 7th respondent
briefs of argument
court orders
day of may
delta state
delta state high court
earlier order of this court
following orders
further orders of interim injunction
grant of interlocutory injunction
grant staff of office
order of interim injuction
original grounds of appeal
other ruling house
present 3rd defendant
present appeal
proper exercise of discretion
rules of this court
single issue
such findings
support of the motion papers

U.M. ABBA AJI, J.C.A. (Delivering the Leading Judgment): In the present appeal, the Appellants as the Plaintiffs, took out a writ of Summons against the five Original Defendants in this Suit on the 29 day of May, 1984, before the Delta State High Court, Warri, claiming declaratory and injunctive reliefs against the said five original Defendants.

On the 30th of May, 1984; the Appellants obtained an interim order of injunction against the Defendants restraining them from installing any person as the Odio-Ologbo of Ofagbe. On the 23/10/86, the Court upon the application to discharge the Order of Interim Injuction dismissed the application and in consequence, affirmed the interim order granted by it.

By a motion Ex-parte, dated the 28th day of January, 1999, the present 3rd defendant and Chief Matthew Ikpoku and Attorney General, Delta State, were joined in the suit as 7th and 8th Defendant's respectively and further Orders of interim injunction made against them. By a motion on notice, d…

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