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EDO STATE GOV & ANOR

(2016) JELR 37054 (CA)

Court of Appeal 22 Mar 2016 Nigeria
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- This case is an appeal against the ruling of the High Court of Edo State, which dismissed the appellant's application for a mareva injunction. - The appellant had filed a lawsuit claiming payment of a debt owed by the defendants for a wat

Case Details

Suit Number:CA/B/269/2013
Judges:HAMMA AKAWU BARKA Justice of The Court of Appeal of Nigeria MUDASHIRU NASIRU ONIYANGI Justice of The Court of Appeal of Nigeria UGOCHUKWU ANTHONY OGAKWU Justice of The Court of Appeal of Nigeria
Counsel:E. Imade, Esq. with him, Egbon, Esq. For Appellant Oluwole O. Iyamu, Esq. (Solicitor-General/Permanent Secretary, Ministry of Justice, Edo State) with him, Mrs. R. O. Oaihimire, Senior State Counsel For Respondent

UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering the Leading Judgment): This appeal is against the Ruling of the High Court of Edo State delivered on 18th June 2013, wherein the Lower Court dismissed the Appellant's application for mareva injunction and further set aside the order for mareva injunction which it had granted exparte on 9th May, 2013.

The provenance to the application which spawned this appeal is that on 6th May 2013, the Appellant instituted proceedings against the Respondents in Suit No. B/223/2013 claiming the following reliefs:

WHEREOF the Claimant claim as follows:

(1) Payment of Debt owed to the Claimant by the Defendants for the Benin City Water Supply Project covered by Final Invoice as at 31st day of September, 2012 in breach of Clauses 4.6, 14.0 and 20.0 of the agreement dated 7th day of June, 1991.

PARTICULARS

The claimant's claim is as follows and as per Annexure 1 the final Invoice:

EDO STATE WATER SUPPLY PROJECT

Benin City Water Supply Scheme

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