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CHIEF EDEDEM OKON AYITO & ANOR v. ESO MFAM (CHIEF) PATRTCK AGBOR O. EDEM & ORS

(2017) JELR 37341 (CA)

Court of Appeal  •  CA/C/236/2015  •  12 Jun 2017  •  Nigeria

Coram
CHIOMA EGONDU NWOSU-IHEME JCA; STEPHEN JONAH ADAH JCA; JOSEPH OLUBUNMI KAYODE OYEWOLE JCA;

Judgement

CHIOMA EGONDU NWOSU-IHEME, J.C.A. (Delivering the Leading Judgment): The 1st to 4th Respondents as claimants in the Court below, instituted an action for damages for trespass and other Injunctive reliefs at the Cross River State High Court, Calabar Division against the Appellants as Defendants.

The Appellants consequently filed a motion praying the Court to dismiss the action of the Respondents for want of jurisdiction and abuse of Court process.

The trial Court on the 29/9/14, took arguments on both applications ie, the motion on jurisdiction filed by the Appellants as well as the motion for injunctive reliefs etc filed by the Respondents.

In a considered Ruling on the 23/10/2014, B. I. Ebuta, J, Ruled that he had jurisdiction to entertain the suit and also granted the interlocutory injunction against the Appellants. This appeal is predicated on the said Ruling.

The Appellants counsel Gideon Onwok Esq. distilled three issues for determination thus:

"(1) Whether it was right for the Learneā€¦

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