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ARCHITECT ZUBAIRU AHMED V. MALLAM AHMED DASUKI

(1997) JELR 45433 (CA)

Court of Appeal  •  CA/K/225/96  •  27 Nov 1997  •  Nigeria

Coram
UMARU ABDULLAHI JCA JAMES OGENYI OGEBE JCA ATINUKE OMOBONIKE IGE JCA

Judgement


OGEBE, J.C.A. (Delivering the Leading Judgment): This appeal arose from the interlocutory ruling of the High Court of Kaduna State restraining the appellant from operating in the partnership name of Triad Associates pending the determination of the substantive suit. The appellant sued the respondent before the lower court with respect to their partnership agreement. The respondent in the statement of defence also counter-claimed. Both sides brought motions for interlocutory injunction.

The relevant motion for the purpose of this appeal is that of the respondent. In that motion he sought in the first relief an order of interlocutory injunction restraining the plaintiff/appellant, the present appellant or any of his servants, agents or privies from carrying on any form of business in the name of Triad Associates pending the hearing and determination of this suit. The trial court heard the motions of both parties and in a joint ruling restrained both sides from their using the names of T…

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