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HRH OBA SAMUEL ABOYEJI & ANOR V. PA AKANDE ATOYEBI & ORS

(2018) JELR 38837 (CA)

Court of Appeal  •  CA/IL/M.31/2013  •  10 Jul 2018  •  Nigeria

Coram
MOJEED ADEKUNLE OWOADE JCA; CHIDI NWAOMA UWA JCA; HAMMA AKAWU BARKA JCA;

Appearances
O. W. Akanbi Esq. with him, K. A. Aminu Esq. For Appellant For Respondent

Judgement
<p>HAMMA AKAWU BARKA, J.C.A. (Delivering the Leading Judgment): This Appeal is against the ruling of M. A. Afolayan of the Kwara State High Court sitting in Ilorin; in which the respondents application for injunctive reliefs were granted.</p><p>The history of the present case appears straight forward. It is as captured by the lower Court in its ruling of the 12th of October, 2012. For a proper understanding of the situation, I reproduce the series of events that led to the present appeal, as captured by the lower Court thus:</p><p>A motion exparte was filed and assigned to this Court during the judges vacation. The motion exparte was accompanied by an affidavit of urgency and a motion on notice. Both the motion exparte and motion on notion are in respect of a case already pending before the Omu-Aran High Court with suit No KWS/OM/8/2011.</p><p>This application is given a new suit No KWS/82M/2012. The exparte application and motion on notice were asking for the following reliefs:</p><p>An order of this Court restrai…</p>

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