UCHENNA AGBOGU HERBERT AGBOGU V. BENEDICT OKOYE

NZEAKO JCA (Delivering the Lead Judgment): This is an appeal against the ruling delivered on the 20th September, 2002 by Mann J, sitting at the High Court of Justice, Jos, Plateau State in an interlocutory application filed in that court.

The plaintiff/applicant therein is the respondent in this appeal and the defendants/respondents, the appellants herein. Parties in the court below relied on various affidavits and counter-affidavits, which they filed.

The applicant in the court below had as plaintiff initiated suit No. PLD/J207/2002 on 30/7/2002 in the High Court in which he claimed from the defendants the following reliefs as appear in the statement of claim:-

“1. A declaration that the acts of the defendants jointly and severally in coming upon the plaintiff’s premises situate and being at No. 19, Jos Road, Bukuru (otherwise known as Day Light Hotel, Bukuru); forcefully driving him and his customers out and locking up the premises constitutes trespass.

2. An order of injunction restr…