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AYITO & ANOR
V.
EDEM & ORS

(2017) JELR 37341 (CA)

Court of Appeal 12 Jun 2017 Nigeria
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Case Details

Suit Number:CA/C/236/2015
Judges:CHIOMA EGONDU NWOSU-IHEME Justice of The Court of Appeal of Nigeria STEPHEN JONAH ADAH Justice of The Court of Appeal of Nigeria JOSEPH OLUBUNMI KAYODE OYEWOLE Justice of The Court of Appeal of Nigeria
Counsel:A. O. Enabulele Esq. For Appellant D. Undie Esq.,with him, I. Ironbar Esq. For Respondent

CHIOMA EGONDU NWOSU-IHEME, J.C.A. (Delivering the Leading Judgment): The 1st to 4th Respondents as claimants in the Court below, instituted an action for damages for trespass and other Injunctive reliefs at the Cross River State High Court, Calabar Division against the Appellants as Defendants.

The Appellants consequently filed a motion praying the Court to dismiss the action of the Respondents for want of jurisdiction and abuse of Court process.

The trial Court on the 29/9/14, took arguments on both applications ie, the motion on jurisdiction filed by the Appellants as well as the motion for injunctive reliefs etc filed by the Respondents.

In a considered Ruling on the 23/10/2014, B. I. Ebuta, J, Ruled that he had jurisdiction to entertain the suit and also granted the interlocutory injunction against the Appellants. This appeal is predicated on the said Ruling.

The Appellants counsel Gideon Onwok Esq. distilled three issues for determination thus:

"(1) Whether it was right for the Learne…

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