EGBE
V.
ONOGUN

(1972) JELR 46129 (SC)

Supreme Court · SC.284/1970 · 11 Feb 1972 · Nigeria
·

Other Citations

(1972)All N.L.R 94 Ebge v. Onogun (1972) 2 S.C. 90

CORAM

ADEMOLA ADETOKUNBO Justice of The Supreme Court of Nigeria CHARLES OLUSOJI MADARIKAN Justice of The Supreme Court of Nigeria GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms ^Beta

application

plaintiff

learned judge

interim injunction

substantial issue

interlocutory injunction

notice of motion

perpetual injunction

western state

grant

ovie-whisky j.

strong prima facie case

subject matter of the claim

5th july

above statements

act of trespass

burden of proof

case of donmar productions ltd. v

cemetery road

court of its discretionary powers

exclusive rights of burial

first passage deals

following terms

further acts of trespass

given case

inter alia

leading judgment

legal right

legal right of the plaintiff

limited time

mere fact

order of this honourable court

particular case

part of the cemetery

plaintiff claims

portion of land

primary importance

public authorities

public health

relevant portions

ruling of the learned judge

set aside

such further order

support of the right

trial judge

urban district council

warri cemetery

warri high court

G. S. SOWEMIMO, Ag. JSC (Delivering the Leading Judgment): This is an appeal against an order dismissing an application for an interim injunction. In Suit W/54/70 instituted by the plaintiff against the defendant in the Warri High Court, of the Mid-Western State, the plaintiff claims special and general damages for trespass to land, interim injunction to restrain the defendant from continuing further acts of trespass and perpetual injunction. The portion of land which is the subject matter of the claim is described on the writ as "the piece and parcel of land in Warri Cemetery, Cemetery Road, Warri.

" The act of trespass was that "on 18th April, 1970, the defendant and his agent broke and entered the piece of land. . . to destroy the tombstone and the grave where plaintiff's late father, the Hon. Asifo Egbe was buried in 1945".

Along with the summons the plaintiff filed a notice of motion on 5th July, 1970 in the following terms:

"For an order of this Honourable Court

1. Granting th…

EGBE V. ONOGUN

EGBE
V.
ONOGUN