(2003) JELR 44903 (CA)    

Court of Appeal  ·  CA/C/113/2001 ·  9 Jun 2003 ·  Nigeria
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
1st appellant
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
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…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login