(1998) JELR 45614 (CA)    

Court of Appeal  ·  CA/E/194/96 ·  15 Dec 1998 ·  Nigeria
Other Citations
Ichu v. Ibezue (1999) 2 NWLR (Pt.591) pg.437
Ichu v. Ibezue (1999) 2 NWLR (Pt. 591) 437
JUSTIN THOMPSON AKPABIO Justice of The Court of Appeal of Nigeria ISA AYO SALAMI Justice of The Court of Appeal of Nigeria EUGENE CHUKWUEMEKA UBAEZONU Justice of The Court of Appeal of Nigeria
Core Terms Beta
interlocutory injunction
survey plan
learned trial judge
12th defendants
10th defendants
11th respondents
authority of the plaintiff
determination of the substantive suit
order of interlocutory injunction
absence of a plan
description of the boundaries
following issues
grounds of appeal
honourable court
interim injunction
said order of interlocutory injunction
survey plan of the land
transfer of portions of umuotiokpili family land
trial court
above ruling
behalf of the 1st-10th defendants
circumstances of this case
claim of the plaintiff
consideration portions of umuotiokpili family land
facts of the case
following terms
grant of any part of umuru
high court of anambra state of nigeria
high court rule
interlocutory relief
jurisdiction of the court
leading judgment
learned trial judge right
necessary fees
order of this court
perpetual injunction
plaintiff claims
plans exhibits
ruling of the learned trial judge
such further order
suit no.0
view of the fact

AKPABIO, J.C.A.: (Delivering the Leading Judgment): This is an appeal against a ruling or Amaizu, J. of the High Court of Anambra State of Nigeria, holden at Onitsha in suit No.0/608/95 delivered on 26/9/96, wherein he granted an application for an interlocutory injunction restraining the defendants from erecting any building or structure on the land in dispute, pending determination of the substantive suit. There was no order as to costs.

In the substantive suits, the claim of the plaintiff against the 1st - 12th defendants were as follows:-


1. The plaintiff who acquired the traditional title of Onowu of Obosi, is the oldest living member of Umuotiokpili Head of the said Umuotiokpili family.

2. The 1st to 10th defendants are members of Umuotiokpili family, while the 11th and 12th defendants are strangers to the said Umuotiokpili family. The 1st to 12th defendants reside at Obosi within the jurisdiction of the court.

3. The land, the subject-matter of this action, is situate a…

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