CHIEF KALU IGWE & ORS V. CHIEF OKUWA KALU & ORS

OGWUEGBU, J.S.C. (Delivering the Leading Judgment): This is an interlocutory appeal against the ruling of the Court of Appeal, Port Harcourt Division delivered on 6th June, 1990. Theappellants herein were plaintiffs in consolidated suit Nos. HU/24/74 and HU/43/74 and the respondents were the defendants. Judgment was delivered in the consolidated suits by the Umuahia High Court in the then Imo State but now Abia State on 23rd June, 1988. The plaintiff's claim for title, trespass and injunction (HU/24/74) was dismissed while

judgment was given for the defendants for title. N64.800.00 special damages for trespass and injunction (HU/43/74).The plaintiffs appealed to the Court of Appeal. Port Harcourt Division against the decision of the High Court. They also filed a motion on notice in the Court of Appeal praying for the following orders:-

"(a) Stay of execution of the judgment for special damages awarded the respondents in these suits:

(b) Interim injunction restraining the respondents f…