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ELDER CHIEF VICTOR EGEGE V. ELDER ONWUGHARA EGEGE & ORS

(2018) JELR 39370 (CA)

Court of Appeal  •  CA/OW/262M/2018(R)  •  15 Jan 2018  •  Nigeria

Coram
RAPHAEL CHIKWE AGBO JCA; MASSOUD ABDULRAHMAN OREDOLA JCA; AYOBODE OLUJIMI LOKULO-SODIPE JCA;

Appearances
U. H. Onwukwe For Appellant B. I. Akpoaha For Respondent

Judgement
<p>RAPHAEL CHIKWE AGBO, J.C.A.(Delivering the Lead Ruling): The applicant as plaintiff in suit no. HOS/27/16 pending at the High Court of Abia State sitting at Ossisioma sought an interim injunction to restrain the Respondents from farming on the portions of land he is contesting and harvesting crops therein. The trial Court refused this application and instead ordered accelerated hearing of the case. This was on 27-9-16. On 27-10-16 the applicant filed this motion seeking the trinity prayers. He only succeeded in placing the offending ruling before this Court vide his further further affidavit filed on 9-2-17.</p><p>The applicant in this application is seeking the exercise of the Courts discretion in its favour. In doing so he has to establish the provisions of Order 6 Rule 9 of the Court of Appeal Rules 2016. I have perused the proposed grounds of appeal. It is mere sham and does not attack the reasons given by the trial judge for refusing the prayer for injunction. The appeal is being sought…</p>

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