FIRST MOTORS LTD
V.
ALPHA PROPERTIES INT'L LTD

(2012) JELR 57704 (CA)    

Court of Appeal  ·  CA/L/539/2009 ·  7 Dec 2012 ·  Nigeria
CORAM
IBRAHIM MOHAMMED MUSA SAULAWA JCA (Presided) SIDI DAUDA BAGE JCA ADAMU JAURO JCA (Read the Lead Judgment)
Core Terms Beta
appellant
respondent
consent judgment
interlocutory injunction
suit no. id
order
interim injunction
lower court
abuse of court process
contention of the appellant
issues
trial court
counter-affidavit
appellant’s preliminary objection
issue of title
lead judgment
learned trial judge
respondent’s brief
respondent’s motion
subject matter
appellant’s brief
appellant’s notice
grant of an interlocutory injunction
grounds of appeal
ikeja judicial division
respondent’s application
ruling of the high court of lagos state
senior counsel
appellant’s reply brief
briefs of argument
consent judgment of the lagos high court
court of appeal rules
dismissal of the suit
draft of the judgment
extension of the interim order of injunction
general principles
grant of interlocutory injunction
issue turns
jauro jca
notice of preliminary objection
order of court
originating processes
respondent’s claim
rules of court
saulawa jca
support reference

JAURO JCA (Delivering the Lead Judgment): This is an appeal against the ruling of the High Court of Lagos State, Ikeja Judicial Division delivered on 31 March 2009 in suit No. ID/26/09 by Hon. Justice O. A. Ipaye.

The facts giving rise to the ruling now on appeal can be summarized as follows: The respondent as claimant filed suit No. ID/26/09, Alpha Properties International Ltd v. First Motors Ltd , by a writ of summons and statement of claim dated 14 January 2009 claiming for the following reliefs: i. An order setting aside the consent judgment of the Lagos High Court between the parties herein dated 19 November 2008 relating to the parcel of land comprised in the Certificate of Occupancy registered as No. 52 at page 52 in Volume 1989Aof the land registry Alausa, Ikeja, Lagos known as Plot A, Victoria Island Layout, Ahmadu Bello Way, Victoria Island, Lagos. . An order of perpetual injunction restraining the defendant, its servants, agents;privies, and/or anyone howsoever actin…

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