TELEPOWER (NIG.) LTD
V.
BANNA

(2001) JELR 57748 (CA)    

Court of Appeal  ·  CA/PH/127/96 ·  11 Jul 2001 ·  Nigeria
CORAM
JAMES OGENYI OGEBE, JCA (Presided) SYLVANUS ADIEWERE NSOFOR, JCA
Core Terms Beta
court
appellant
case
respondent
plaintiff
matter
grounds of appeal
applicant
reason
lower court
appellant’s counsel
default judgment
lead judgment
pats-acholonu
appellant’s case
battle line
civil procedure
costs of l. m. alozie
court refuse
court’s own behest
decision of the court
defaulting party
dynamics of administration of justice
favour of the plaintiff
good reason
greatest respect
high court
interlocutory injunction
lack of appreciation
last day
learned trial court
learned trial judge
liberal mind
line of cases
main point of agitation
modern day adjudication
open court
order of the court
peculiar facts of this case
present case
said counsel
set aside
spate of adjournments
submission of the learned counsel
subsequent days
summary of the facts of this case
technical ground
tenants of the appellant
time frame
trial court

PATS-ACHOLONU, JCA (Delivering the Lead Judgment): The summary of the facts of this case as can be discerned, from the record andthe briefs is that the appellant who was the plaintiff in the court below had instituted an action against the respondent (defendant) for some declaratory reliefs and perpetual injunction. In the interim before the pleadings were filed the appellant filed a motion for interlocutory injunction to restrain the defendant from what he described as interfering with the occupational rights of National Drug Law Enforcement Agency who are the tenants of the appellant and preventing them from entering into what is described as Telepower Estates. The motion was vigorously argued and ultimately dismissed and the court made an order for the parties to file pleadings in the case within a time frame. After the expiration of time for the appellant to file its pleadings, it applied for extension of time which was granted, I would say grudgingly as the learned trial Judge …

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