EKPENYONG & ORS.
V.
NYONG

(1975) JELR 44450 (SC)    

Supreme Court  ·  SC.161/1974 ·  27 Feb 1975 ·  Nigeria
 · 
Other Citations
EKPENYONG & 3 ORS. v. NYONG (1975) 2 S.C. (REPRINT) 65
CORAM
TASLIM O. ELIAS Justice of The Supreme Court of Nigeria GEORGE S. SOWEMIMO Justice of The Supreme Court of Nigeria DANIEL O. IBEKWE Justice of The Supreme Court of Nigeria
Core Terms Beta
defendants
court
plaintiffs
village council
1st defendant
caretaker committee
learned trial judge
following order
idua assang land committee
idua assang management committee
idua assang village council
mr. esin
plaintiffs form part
relevant portions of the statement of claim
ruling of kooffreh
said mr. o. j. okon
statement of defence
26th day of june
accounts of all monies
administrative functions
charitable institution
collects rents
esuk ekpo etim ebito
exceptional circumstances
hearing argument
high court
idua assang oron
idua assang people
large area of the oron urban
large portion of land
lease of that portion of the said idua assang
management of the funds of the idua assang town
members of idua assang community
members of the idua assang land committee
mr. ezekiel thompson
mr. o. j. okon
notice of preliminary objection
period january
presence of the senior divisional officer oron
present appeal
present case
propriety of the order
said audit report
sales of other modes of alienation
such leases
ultra vires
unlawful grant
view of the fact
whole idua assang community land

DAN IBEKWE, J.S.C. (Delivering the Leading Judgment): The appellants in this case are challenging the propriety of the order contained in the ruling of Kooffreh, J., which was delivered in the High Court, Calabar, on the 26th day of June, 1972. The ruling dealt with an interlocutory application which was made by the respondents in this case in the court below for an interim injunction.

We think that it is relevant at this stage to point out that although the pleadings had been ordered and filed, nevertheless the case was not ripe for hearing in the court below at the time when the application for an interlocutory injunction was filed. It is, therefore, desirable that the relevant portions of the Statement of Claim and of the Statement of Defence filed by the parties should be set out.

In paragraphs 9, 10, 11, 12, 13, 14, 15, 16, 21, 23 and 24 of the Statement of Claim, the respondents who were the plaintiffs in the court below averred as follows:-

"9. All the defendants are still mem…

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