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OLUWANIYI
V.
ADEWUMI & ORS

(2010) JELR 47643 (CA)

Court of Appeal 29 Nov 2010 Nigeria
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- The appeal is from a ruling of the High Court of Justice of Oyo State in a case involving alleged nuisance by a church. - The 1st respondent had obtained an interim order of injunction against the appellant pending the determination of th

Case Details

Suit Number:CA/I/24/2005
Judges:KUDIRAT M. O. KEKERE-EKUN Justice of The Court of Appeal of Nigeria SIDI DAUDA BAGE Justice of The Court of Appeal of Nigeria JOSEPH SHAGBAOR IKYEGH Justice of The Court of Appeal of Nigeria
Counsel:Mr. I. L. Alabi For Appellant Dr. B. A. M. Ajibade For Respondent

JOSEPH SHAGBAOR IKYEGH, JCA (Delivering the leading Judgment): The appeal emanated from the ruling of the High court of Justice of Oyo State, in the Ibadan Judicial Division, in Suit No.1/694/2002, granting the 1st respondent an interim order of injunction against the appellant for alleged nuisance, pending the determination of the motion on notice for interlocutory injunction.

In the motion for interlocutory injunction before the court below, the 1st respondent prayed for:

"An order of interlocutory injunction restraining the defendant and all the members of Christ Mercy Church of Plot 29, G.R.A, Iyaganku, Ibadan by themselves, their agents, privies or whosoever from further engaging in activities such as clapping, shouting singing and drumming through loud speakers or in any other form or other activities that may constitute nuisance to the annoyance and inconvenience of the plaintiff in the premises of the property of the YMCA and in Plot 29 both in Block XII of New G.R.A. Iyaganku…

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