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AGBOMAGBO & ANOR
V.
OKPOGO & ORS

(2005) JELR 45120 (CA)

Court of Appeal 5 May 2005 Nigeria
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- The Court of Appeal dismissed the appeal, holding that the trial court properly refused to grant interlocutory injunctions against the 3rd and 4th Respondents, as the writ of summons and statement of claim disclosed no claim against them.

Case Details

Suit Number:CA/B/147/2000
Judges:AMINA ADAMU AUGIE JCA NWALI SYLVESTER NGWUTA JCA UWANI MUSA ABBA AJI JCA
Counsel:R.G. IREYEROJU For the Appellant; I. OVWIGHORIENTAE. Ohwovoriole For the Respondent.

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 Injunction 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, …

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