ANIKE
V.
EMEHELU

(1990) JELR 78993 (CA)    
Court of Appeal  ·  25 Jan 1990 ·  Nigeria
 · 
Other Citations
Anike v. Emehelu (1990) 1 NWLR (Pt. 128) 603
CORAM
ALOYSIUS IYORGYER KATSINA-ALU, J.C.A. (Presided), GEORGE ADESOLA OGUNTADE, J.C.A., SAMSON ODEMWINGIE UWAIFO, J.C.A. (Read the Lead Judgment)
Core Terms Beta
damages
court
respondents
order
appeal
interim injunction
learned judge
trial court
family property
present case
sentimental value
trial judge
appellate court
due respect
account enter
application of this nature
appropriate case
case nnaemeka-agu
case of egbuna v
defiance of other members
enugu high court
following issues
grant of that injunction conditional
imperial gas light
issue of adequacy of damages
karibi-whyte
katsina-alu
later stage
lead judgment
lieu of interim injunction
merits of the main case
monetary compensation
particular case
part of the property of umuezeoha family
prima facie case
question of the suitability of damages
reasonable time
respect of a piece of land
respondents make
said land
second issue
see american cyanamid co. v
sentimental attachment
simple reason
special circumstances
subject matter of this suit
such damages
supreme court
trial courts
useful purpose

UWAIFO, J.C.A. (Delivering the Lead Judgment): This appeal which was heard on the bundle of documents compiled by the defendant/appellant and other documents supplied thereafter is against a ruling of D. O. Edozie, J., delivered on 21 May, 1989 at the Enugu High court. In the ruling an interim injunction was granted against the appellant in respect of a piece of land situate at Iji Nike. It is part of the property of Umuezeoha family to which both the appellant and the respondents belong.

The order sought by the respondents against the appellant was "from further trespass, on the land the subject matter of this suit shown on the sketch plan attached to the affidavit in support of this motion by entering on the said land and erecting any structure thereon pending the determination of this suit." The learned judge made an order "that the defendant ... must on no account enter and/or erect any further structure on the land in dispute" pending the determination of the substantive suit.

The …

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login