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TALABI
V.
SMITH

(2003) JELR 52173 (CA)

Court of Appeal 3 Jul 2003 Nigeria
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Case Details

Suit Number:CA/L/169/2000
Judges:PIUS OLAYIWOLA ADEREMI, JCA (Presided) MUSA DATTIJO MUHAMMAD, JCA ABUBAKAR ABDUL-KADIR JEGA, JCA (Read the Lead Judgment)
Counsel:Chief G.O. Oduwole - for the Appellant . Respondent absent and unrepresented .

JEGA, JCA (Delivering the Lead Judgment): This appeal is against the order of interim injunction handed down by Hon. Justice Atilade (Mrs.) of the Lagos High Court in Suit M/606/99 on 25th January, 2000 on an ex parte application of the respondent restraining the appellant, her agents, servants and or privies and anybody or person unknown and whosoever A constituted from letting out and or taking possession of any and/or room either at the ground floor or any part of the property situate at 3/5, Kosoko Street, Lagos pending the final determination of the substantive action dated 11th day of October, 1999. Dissatisfied with the decision of the Lagos High Court contained in the order of her Lordship Justice Atilade given on the 25th January, 2000, the appellant appealed to this court on five grounds of appeal. We took the appeal on the 9th April, 2003. Mr. G. O. Oduwale adopted his brief of argument filed on 1st June, 2001 and urged the court to allow the appeal. The respondent has …

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