(2012) JELR 49280 (CA)    

Court of Appeal  ·  CA/C/6/2010 ·  13 Jun 2012 ·  Nigeria
UZO I. NDUKWE-ANYANWU Justice of The Court of Appeal of Nigeria JOSEPH TINE TUR Justice of The Court of Appeal of Nigeria ISAIAH OLUFEMI AKEJU Justice of The Court of Appeal of Nigeria
Core Terms Beta
nwlr pt
1st respondent
1st defendant
grounds of appeal
subject matter
cross river state
learned counsel
wema bank plc
detention of the applicant
final judgment
perpetual injunction
suit no hc
suit no. hc
2nd respondents
abuse of court process
alleged money
alleged sum of money
appellate court
assistant inspector general of police zone
further detention
instance of the 1st respondent
interlocutory decision
land housing wema bank plc
land registry
mr. s. p. nwankwo
order of perpetual injunction
trial judge
use of police
uzo i. ndukwe-anyanwu
claims concern
considered ruling
court of appeal
court of the necessary jurisdiction
detention of the applicants
different persons
facts of this case
final decision
final ruling
first respondent
ground of appeal
isaiah olufemi akeju
leading judgment
lower court
notice of his preliminary objection
third party proceeding

UZO I. NDUKWE-ANYANWU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the High Court of Cross River State sitting in Calabar delivered on 4th November, 2008.

The Appellant being dissatisfied filed a Notice and one Ground of Appeal on 30th January, 2009. The Appellant filed his Appellant's brief on 16th February, 2010 and articulated one issue for determination as follows:

Whether the parties and subject matter involved in third party proceeding in HC/415/2005 are the same with parties involved in HC/MSC.161/2005 as it relates to both the Appellant and first respondent.

The 1st Respondent's brief was filed on 18th March, 2010. In it, he gave a notice of his preliminary Objection which he argued on paragraph 2.0-2.17. The 1st Respondent also adopted the lone issue articulated by the Appellant.

Briefly, the facts of this case are that the Appellants had sued the 1st Respondent, Wema Bank plc, Assistant Inspector General of Police Zone 2, Lagos and Commi…

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