(2003) JELR 44786 (CA)    

Court of Appeal  ·  CA/K/32/02 ·  22 Jan 2003 ·  Nigeria
Other Citations
C.G.C. (Nig.) Ltd. v. Baba [2004] 10 NWLR (Pt.882)658
MAHMUD MOHAMMED Justice of The Court of Appeal of Nigeria DALHATU ADAMU Justice of The Court of Appeal of Nigeria BABA ALKALI BA'ABA Justice of The Court of Appeal of Nigeria
Core Terms Beta
interlocutory injunction
lower court
learned trial judge
order of interlocutory injunction
affidavit evidence
survey plan
identity of the land
humble view
grounds of appeal
order of injunction
grant of an order of interlocutory injunction
supreme court
area of land
grant of the injunctive orders
interlocutory orders
precise area of land
ruling of the learned trial judge
strong prima facie case
above decision of the supreme court
affidavit of urgency
counsel k. c. ochu
determination of the substantive motion
fact cover
following reliefs
high court of justice
interim order of injunction
kaduna state
land claims
learned counsel
motion ex-parte seeking
precise boundaries of the land
said acts of the defendant
said farmland
subject matter of the dispute
such claim
sufficient description of the respondent
trial judge
view of my above analysis of the issues

DALHATU ADAMU, J.C.A. (Delivering the Leading Judgment): The respondent herein (as plaintiff) instituted this case against the appellant (as defendant) before the High Court of Justice, Kaduna State sitting at Kaduna claiming the following reliefs:

"1. A declaration that the acts of the defendant through its agents in creating a thorough-fare in the plaintiff's farmland situate at Fauta Village along Sabon Birni Kaduna without the permission/consent or authority of the plaintiff is unlawful and illegal.

2. A declaration that the said acts of the defendant in creating a thorough fare in the plaintiff's farm land constitutes trespass and illegal encroachment on the plaintiff's farm land.

3. An order of injunction in perpetuity restraining the defendants, its agents and privies from carrying out any act which constitutes trespass on the plaintiff's farmland situate at Fauta village along Sabon Birni Road, Kaduna. (see page 2 of the record of proceedings)."

The writ of summons was filed o…

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