(2006) JELR 46013 (CA)    

Court of Appeal  ·  CA/J/2/006 ·  11 Dec 2006 ·  Nigeria
Other Citations
Shuaibu v. Muazu (2007) 7 NWLR (Pt.1033) pg.271
Shuaibu v. Muazu (2007) 7 NWLR (Pt. 1033) 271
RABIU DANLAMI MUHAMMAD Justice of The Court of Appeal of Nigeria KUMAI BAYANG AKAAHS Justice of The Court of Appeal of Nigeria MOHAMMED LADAN TSAMIYA Justice of The Court of Appeal of Nigeria
Core Terms Beta
writ of summons
emir of kanam
1st defendant
plateau state
plateau state high court
8th defendants
learned counsel
affidavit of urgency
high court
learned trial
perpetual injunction
trial judge
2nd-8th defendants
6th defendants
affidavit of service of the writ
civil procedure rules
following cases
following reliefs
notice of motion
plateau state of nigeria
procedure of selection
purported selection of the 1st defendant
registrar of the plateau state high court
restrictive order of injunction
2nd respondent
absence of the honourable chief judge
aforesaid writ of summons
chief judge of plateau state
claims of the plaintiff
court holds
dated 4th april
following orders
honourable court
interlocutory applications
jurisdiction of the court
learned acting chief judge ought
pending application
pith of this appeal
principal state counsel
restraining order
rule of natural justice
said writ of summons
selection exercise
selection of the 1st defendant
substantive case
such direction

KUMAI BAYANG AKAAHS, J.C.A.: (Delivering the Leading Judgment): The pith of this appeal is centred on whether a restrictive order of injunction can be granted to set aside completed acts and restore the parties to the status quo ante bellum if the defendant sought to be restrained completed the act after having been served with a notice of motion seeking to restrain the act he hurriedly completed before the date fixed on the motion for hearing.

In the writ of summons dated 4/4/2005 but issued on 11/4/2005 the claims of the plaintiff against the defendants jointly and severally are as follows:

1. A declaration that the purported selection of the 1st defendant as the Emir of Kanam. Kanam Local Government Area, Jos, Plateau State upon the selection exercise carried out by the 4 kingmakers of Kanam Emirate and 4th, 5th and 6th defendants on Tuesday, the 29th day of March, 2005 is contrary to the procedure of selection contained in the Chieftaincy Declaration of Kanam Emirate registered in…

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