BOGBAN
V.
DIWHRE

(2005) JELR 45252 (CA)    

Court of Appeal  ·  CA/B/88/2003 ·  20 May 2005 ·  Nigeria
 · 
Other Citations
Bogban v. Diwhre [2005] 16 NWLR (pt.951) 274
Bogban v. Diwhre (2005) 16 NWLR (Pt. 951) 274
CORAM
PATRICK IBE AMAIZU 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
motion
order
respondents
interlocutory injunction
order of interim injunction
interim injunction
trial court
learned trial judge
interim order of injunction
lower court
motion ex-parte
date of the motion
competence of the entire suit
order ex-parte
parcel of land
status quo
ex-parte application
ex-parte order of injunction
grant of the interim injunction
inter alia
orhan ujo land
circumstances of the suit
delta state
determination of the motion
following reliefs
said piece
amendment of the date of the motion
breach of the right of other party
counsel ikhide ehighelua
grant of interlocutory injunction
grant of the ex-parte order
grounds of appeal
high court of justice
honourable court
issue of failure
jurisdiction of the court
jurisdiction of this honourable court
leave of court
leave of the court
leave of this court
order of interim injunction ex-parte
order of perpetual injunction
portion of the entire land
respect of the entire portion of the land
ruling of the court
said order of injunction
see madukolu v
separate set of facts
statutory right of occupancy
subject matter of the suit

ABBA AJI, J.C.A. (Delivering the Leading Judgment): The respondents as plaintiffs commenced this action before the High Court of Justice, Delta State, sitting at Effurun Judicial Division, wherein the respondents claimed the following reliefs:

(1) A declaration that the plaintiffs are entitled to a statutory right of occupancy, over that piece or parcel of land known as Orhan Ujo land, situate and lying at Obughere Quarters in Orhuwhorun Town in Udu Local Government Area of Delta State, a place within the jurisdiction of this Honourable Court.

(2) The sum of N100,000.00 (One hundred thousand Naira) as special and general damages for trespass committed by the defendants, when defendants broke and entered the said piece or parcel of land sometime in April, 1997.

(3) An Order of perpetual injunction restraining the defendants by themselves, their servants, agents, workmen and/ or privies and all persons claiming under and/or through them from entering, remaining and/or in any way interfe…

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