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USMAN FARUK & ALH. MUSTAPHA ABDULLAHI V. UMAR MUNKAILA & MALAM MUHAMMADU

(2021) JELR 109540 (CA)

Court of Appeal  •  CA/J/27/2019  •  10 Sep 2021  •  Nigeria

Coram
Ita George Mbaba, JCA Obietonbara Owupele Daniel-Kalio, JCA Saidu Tanko Hussaini, JCA

Judgement

SAIDU TANKO HUSSAINI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the High Court of Bauchi State delivered on the 29th November, 2018 vide Suit No. BA/153/2018 by which decision, the Court, by an Order, restrained the appellants and other persons claiming through them from further entering into or tempering with the land, the subject of dispute between the parties therein pending the determination of the suit before the trial Court. This order of injunction was predicated upon the application, the Motion on Notice, submitted to the Court by the Respondents herein and filed on the 20th July, 2015. I refer to pages 1-6 of the record of appeal for this application.


The persons sought to be restrained and were indeed restrained by the order issued at the Court below were the plaintiffs, the appellants before us, who on the 21th July 2018 had instituted action against the respondents vide the Writ of Summons issued on the said date. Against this applica…

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