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OBIJURU
V.
ANOKWURU

(2001) JELR 53622 (CA)

Court of Appeal 12 Jun 2001 Nigeria
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- The appellants (plaintiffs) sought an interlocutory injunction before the Imo State High Court to restrain the respondents (defendants) from entering the disputed land pending determination of the substantive suit, which included claims f

Case Details

Suit Number:CA/PH/57/94
Judges:JAMES OGENYI OGEBE, JCA (Presided) SULE AREMU OLAGUNJU, JCA (Read the Lead Judgment) MICHAEL EYARUOMA AKPIROROH, JCA
Counsel:Onyema C. Ewurum, Esq., - for the Appellants. -*- E. F. Njemanze, Esq., - for the Respondents.

OLAGUNJU, JCA (Delivering the Lead Judgment): The appeal is from the ruling of Maranza, J., of the Owerri Judicial Division of the Imo State

High Court, delivered on 22/6/93, refusing the prayer of the appellants as the applicants for an interlocutory injunction restraining the respondents as the defendants from entering into the land in dispute until the determination of the substantive suit with the incidental reliefs formulated as separate orders praying that (a) the status quo ante that only the applicants/appellants were entitled to continue with possession and farming on the land be maintained and (b) the respondents be restained from ‘threat or use of violence’ against the applicants/appellants. In the substantive action from which the interlocutory application originated the plaintiffs/appellants are seeking declaration of title to a piece of land that bifurcated into two reliefs that (a) the grant of the land in dispute A to the plaintiffs/appellants’father by the defendan…

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