(1998) JELR 45552 (CA)    

Court of Appeal  ·  CA/B/17/98 ·  30 Nov 1998 ·  Nigeria
Other Citations
Urhobo v. Oteri (1999) 2 NWLR (Pt.589) pg.147
Urhobo v. Oteri (1999) 2 NWLR (Pt. 589) 147
OKAY ACHIKE Justice of The Court of Appeal of Nigeria SUNDAY AKINOLA AKINTAN Justice of The Court of Appeal of Nigeria MAHMUD MOHAMMED Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
lower court
interim order of injunction
learned counsel
interim order
grounds of appeal
interim injunction
interlocutory injunction
points of law
present case
trial court
determination of the motion
discharge of the appellants
further proceedings
interlocutory appeal
leading judgment
appellants brief of argument
appellants notice of appeal
application of the appellants
application of the learned counsel
breach of the principle of fair hearing
case hut
chief registrar of the high court of justice
clear days
constructive application
discharge of the interim order of injunction
dismissal of the appellants
equity of the case
ex-parte motion
hearing of this motion
joinder of the attorney-general of delta state
justice of delta state
motion ex-parte
own issues
record of this appeal
ruling of awala j. of the high court
set aside
suit no. w
wrongful exercise of discretion see adegbe

MOHAMMED, J.C.A., (Delivering the Leading Judgment) This is an interlocutory appeal against the ruling of Awala J. of the High Court of Justice of Delta State sitting at Warri and delivered on 2-12-1997. The appellants who were the plaintiffs by a writ of summons filed suit No. W/399/96 against the respondents as the defendants at the court below and claimed mainly declaratory reliefs and injunction. The writ of summons accompanied by a motion ex-parte and a motion on notice for interim and interlocutory injunction were filed on 23-12-1996 at the trial court. The ex-parte motion for interim injunction pending the determination of the motion on notice for interlocutory injunction was granted by Dorubo Narobor J. of the Warri High Court on the same 23-12-1996 while the motion on notice was adjourned for hearing on 6-1-1997 but remained unheard up to today for reasons which are not apparent from the record of this appeal.

Meanwhile, pleadings were duly filed and exchanged between the pa…

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