UWAIFO, J.C.A. (Delivering the Leading Judgment): This appeal challenges an order made by Achi-Kanu, J., on27 September, 1989 sitting at the Otuocha High Court by which he dissolved an interlocutory injunction made by Onwuamaegbu, J., on 21 April, 1986. The ground of complaint is that a court is incompetent to set aside its own interlocutory order properly made inter partes nor that of a court of concurrent jurisdiction. The principle applicable is said to be that once such an order is made, the court is functus officio.
After hearing a motion on notice for an interlocutory injunction brought by the plaintiffs (as applicants) against the defendants (as respondents), Onwuamaegbu, J., gave a considered ruling. The reason for seeking the injunction was that the defendants had begun to trespass on the land in dispute known as Nno-Omo, situate at Ezi Umunya Village. The nature of the alleged trespass was that they had commenced road construction on the land which they had turned into a lay…