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NAVY CAPTAIN ABIMBOLA ADESINA (RTD.) V. KAFARU AROWOLO & ORS

(2003) JELR 44926 (CA)

Court of Appeal  •  CA/L/136/2002  •  17 Dec 2003  •  Nigeria

Coram
JAMES OGENYI OGEBE JCA; CHRISTOPHER MITCHELL CHUKWUMA-ENEH JCA; ABUBAKAR ABDUL-KADIR JEGA JCA;

Judgement

CHRISTOPHER MITCHELL CHUKWUMA-ENEH, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of the Ikeja High Court (Coram A.J, Coker, J.) contained in the ruling delivered on 608 the 11th day of January, 2002 dismissing the plaintiff's (appellant) application for an order of interlocutory injunction.

In both the writ of summons and statement of claim, the plaintiff claimed against the defendants (respondents) jointly and severally a declaration of entitlement to the statutory right of occupancy of plot of land situate and otherwise known as No.2 Dele Ojo Street, New Oko-Oba, Agege, Lagos State; possession of (he land in dispute and an order of perpetual injunction restraining the defendants and their agents, privies and assigns from further trespass upon the said plot of land and the sum of N2,660,00 being both special and general damages for the acts of trespass.

On the 29/11/01 the plaintiff (appellant) by way of motion applied for an interlocutory injunction…

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