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AKPABIO, JCA (Delivering the Lead Judgment): This is an appeal against the judgment of Okadigbo, J., of the High Court of Enugu State , sitting at Enugu, in suit No. E/10A/80, delivered on 7/4/82, wherein he allowed an appeal which went to him from a decision of Chief Magistrate Onyechi of Chief Magistrates’s Court, Enugu in suit No. ME/284/ 79.
It should be explained at this stage that the claim of the plaintiff was initially filed at the Enugu High Court. But after pleadings had been filed and exchanged the suit was transferred to the Chief Magistrates’s Court Enugu pursuant to section 46(1) of the High Court Law of Enugu State, by the Hon. Justice A. I. Iguh, J. (as he then was) on 18/9/78.
The claim of the plaintiff filed in the High Court, but transferred to the Chief Magistrate’s Court for hearing and determination read as follows:-
“The plaintiff’s claim against the defendant is for perpetual injunction, restraining the defendant, his agents or servants from entering into or on …