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FRANFIDEL NIGERIA LIMITED v. MRS. GINIKA OBI-OKOLI

(2018) JELR 38447 (CA)

Court of Appeal  •  CA/E/636/2017  •  18 Jul 2018  •  Nigeria

Coram
OYEBISI FOLAYEMI OMOLEYE JCA; JAMES SHEHU ABIRIYI JCA; SAIDU TANKO HUSSAINI JCA;

Judgement

OYEBISI FOLAYEMI OMOLEYE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Anambra State holden at Awka (hereinafter referred to as the trial Court) per C.C. Okaa, J., delivered on 5th of September, 2017 in Suit No. AG/134/2017.

At the trial Court, the Respondent as plaintiff on 17th of August, 2017 took a Writ of Summons accompanied by a Statement of Claim against the Appellant as defendant and claimed as follows (unedited):

i. A DECLARATION that by virtue of the correspondence dated 13th of February, 2017, the Plaintiff is entitled to manage and collect park management levies at Ekwulobia Motor Park without any interference from the Defendant.

ii. AN ORDER OF INJUNCTION restraining the Defendant, her agents, associates, privies howsoever called from interfering in the management of Ekwulobia Motor Park by the Plaintiff.

iii. The cost of this action including legal fees.

The Respondent, inter alia, also alongside the Writ filed a Motion…

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