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EGBUGARA
V.
N.C.C.

(2006) JELR 56618 (CA)

Court of Appeal 20 Mar 2006 Nigeria
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Case Details

Suit Number:CA/E/128/2003
Judges:JAMES OGENYI OGEBE JCA (Presided and Read the Lead Judgment) RAPHAEL OLUFEMI ROWLAND JCA JIMI OLUKAYODE BADA JCA
Counsel:C. C. Ezekwem - for the Appellant. -*- Chief Okwuchukwu Ugolo - for the Respondent. C

OGEBE JCA (Delivering the Lead Judgment): The appellant sued the respondent in Enugu High Court for a declaration that the purported termination of his employment was irregular, null and void. He also sought a declaration that the respondent was not entitled to eject him from his residential quarters at No. 2, Onitsha Road G.R.A. Enugu without proper statutory notices and recourse to due process of law.

The appellant filed an ex parte application as well a motion on notice for interlocutory injunction restraining the respondent from ejecting him from his official residence until the determination of his suit.

The ex parte application was granted. When the motion on notice was argued, the learned trial Judge delivered a ruling on the 7th of July, 2000, refusing the application for the sole reason that the appellant did not show that damages would not be adequate compensation if he succeeded at the end of the suit. Dissatisfied with that ruling, the appellant appealed to this court …

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