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CHIEF BENSON AJONUMA & ORS v. SEBASTINE NWOSU & ORS

(2014) JELR 36340 (CA)

Court of Appeal  •  CA/PH/64/2009  •  17 Oct 2014  •  Nigeria

Coram
IGNATIUS IGWE AGUBE JCA; ITA GEORGE MBABA JCA; FREDERICK O. OHO JCA;

Judgement

ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): This is an appeal against interlocutory Ruling of the High Court of Imo State in suit No. HON/8/2008, delivered on 10/11/08 by Hon. Justice T.N. Nzeukwu, wherein his lordship dismissed a motion for interlocutory injunction, filed by the plaintiff (Appellant herein) on 13/3/2008.

Appellants' contention in this appeal is that they never moved or argued the said motion for interlocutory injunction, which the trial Court ruled on, and dismissed. They argued that the motion for injunction as well as a motion for extension of time to file Plaintiffs' pleadings and plan, were pending at the lower Court, at the time the Defendants (Respondents herein) filed their statement of defence and plan in the case.

There was argument as to whether the statement of defence and plan filed by the Respondents were proper, since the Appellants were yet to file their statement of claim and plan. It was that argument, hotly, taken by Counsel on both…

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