EYO
V.
RICKETTS

(2003) JELR 44903 (CA)

Court of Appeal · CA/C/113/2001 · 9 Jun 2003 · Nigeria

CORAM

RAPHAEL OLUFEMI ROWLAND Justice of The Court of Appeal of Nigeria SIMEON OSUJI EKPE Justice of The Court of Appeal of Nigeria ISTIFANUS THOMAS Justice of The Court of Appeal of Nigeria

Core Terms ^Beta

respondent

1st appellant

appellants

learned trial judge

substantive suit

2nd appellant

balance of convenience

interlocutory injunction

clear cut evidence

favour of the respondent

leading judgment

ruling of eneji

trial court

counter affidavit

interlocutory order of injunction

lower court

monetary compensation

relevant principles

trial judge

appellate court

case of okpokiri v

decision of the lower court

determination of the suit

interlocutory order

learned counsel

main issue

pecuniary damages

ruling of the learned trial judge

spite of this clear admission of fact

status quo

acts of trespass

attorney-general oyo state

best course

clear case

constitutional right

cross river high court

exercise of the right of discretion

facts of the case

irreparable damage

issues

lone issue

main question

modern practice

part of the respondent

see incar nigeria ltd. v

simeon osuji ekpe

spite of a claim

substantive matter

violation of the right of fair hearing

RAPHAEL OLUFEMI ROWLAND, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Ruling of Eneji, J. of the Cross River High Court sitting in Calabar Judicial Division delivered on 9th day of August, 2001. The Court granted an interlocutory order of injunction restraining the Appellants from trespassing or continuing to trespass and to stop committing any other acts of trespass in any other form on the land pending the determination of the suit.

The facts of the case as borne by the records run thus:

The 1st Appellant applied for a plot of land from 2nd Appellant in 1992. The 2nd Appellant after processing the 1st Appellant's application offered him a lease of the land in dispute on the 17th September, 1993, the offer was accepted by the 1st Appellant by making payment.

On the part of the Respondent, he also claimed to have been given a provisional offer of lease of the same plot by the 2nd Appellant in 1997 four years after the 1st Appellant claimed that he was alloca…

EYO V. RICKETTS

EYO
V.
RICKETTS