JAFARU MIKA'ILU, J.C.A., (Delivering the Leading Judgment): The appellants in this matter were the Defendants in Suit No FHC/UY/CS/78/05 which is still pending at the Federal High Court, Uyo Judicial Division. After instituting Suit No. FHC/UY/CS/78/05 at the Federal High court, Uyo the plaintiffs thereat filed a motion for interlocutory injunction in that court.
Counsel for the plaintiffs/respondents informed the trial court of the pendency of a parallel suit at the Magistrate's court. That the Magistrate's Court suit was for the ejection of one Rev. (Dr) Abia F. Abia. a one time pastor in the Defendants/Appellants church who was transferred by the 1st Defendant/Appellant since 1st October, 2005 but he refused to move out of the church manse. Counsel for the Defendants/Appellants orally applied to the trial court for an order that the said Rev. Abia should not be ejected or evicted from the Defendants premises No. 2 Abak Road Uyo.
The trial court gave its ruling on the oral applicati…