(2018) JELR 38808 (CA)    

Court of Appeal  ·  CA/B/119M/2017 ·  25 May 2018 ·  Nigeria
PHILOMENA MBUA EKPE Justice of The Court of Appeal of Nigeria MOORE ASEIMO ABRAHAM ADUMEIN Justice of The Court of Appeal of Nigeria MUDASHIRU NASIRU ONIYANGI Justice of The Court of Appeal of Nigeria
Core Terms Beta
record of appeal
notice of appeal
said judgment
senior counsel
benin city
determination of the appeal
honourable court
lower court
moore aseimo abraham adumein
suit no. b
appellate jurisdiction
atekha street
lead ruling
learned trial judge
subject matter
transmission of the record of appeal
trial court
7th day of march
acts of trespass
appeal court
appeal of this honourable court
arguable points of law
attorney general
brother m.a.a. adumein
copy of the notice of appeal
court lacks jurisdiction
determination of this honourable court
due process of law
filling of a notice of appeal compile
high court no.
learned trial court
light of the foregoing
mudashiru nasiru oniyangi
order of perpetual injunction
order of the court
philomena mbua ekpe
preservation of the appellants
provisions of order
receipt of copies of judgment
rules of this honourable court
said appeal
said judgment of the lower court
senior advocate of nigeria
similar application
v. nigeria deposit insurance corporation

MOORE ASEIMO ABRAHAM ADUMEIN, J.C.A. (Delivering the Lead Ruling): By this motion on notice filed on 16/03/2017 the applicant is seeking:

An Order for injunction restraining the claimants/respondents, their agents and privies from acting on the order in the judgment delivered on 21st October, 2016 in Suit No. B/305/13 for the purpose of the protection and preservation of the appellants right of way through the land in dispute via Atekha Street, off Uwa Street, off 2nd East Circular Road, Benin City, which is the res or subject matter thereof; pending the determination of the Appeal filed against the said judgment before this Honourable Court.

The application is anchored on the following 7 (seven) grounds:-

1. The learned trial judge sitting as High Court No. 9, Benin City, delivered judgment on the 21st of October, 2016 in Suit No. B/305/13 in favour of the respondent therein.

2. Being dissatisfied with the said judgment, the appellant/applicant promptly lodged an appeal against the said …

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