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APOSTLE ADEOLU AINA v. DR. OLUSANYA SONUGA

(2012) JELR 37279 (CA)

Court of Appeal  •  CA/I/202/2008  •  26 Nov 2012  •  Nigeria

Coram
MONICA B. DONGBAN MENSEM JCA; CHIDI NWAOMA UWA JCA; JOSEPH SHAGBAOR IKYEGH JCA;

Judgement

CHIDI NWAOMA UWA, J.C.A. (Delivering the Leading Judgment): This is an interlocutory appeal against the Ruling of Saula, J of the High court Ogun State, sitting at Sagamu delivered on the 17th day of February, 2006 in Suit No. HCS/16/97.

The appellants (as defendants) and the Respondents (as plaintiffs) each filed an application for interlocutory injunction at the lower court which were taken together, in his Ruling the learned judge dismissed the applications of both parties. Dissatisfied with the Ruling of the lower court, the respondents appealed against same vide the Notice of Appeal dated and filed with the leave of court on 5th April, 2008, pages 65-68 of the printed records of appeal.

The background facts are that the applications resulted from the judgment delivered in the substantive case delivered on 10th May, 2005 by olopade, J in which the appellants' (defendants') plea of rem judicatam succeeded while the respondents' (plaintiffs) claims were dismissed. The then lower cou…

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