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PIUS ITAMA & ORS V. EMMANUEL OSARO-LAI & ORS

(2000) JELR 44208 (CA)

Court of Appeal  •  CA/PH/363/98  •  16 Feb 2000  •  Nigeria

Coram
JAMES OGENYI JCA; OGEBE JCA; IGNATIUS CHUKWUDI PATS-ACHOLONU JCA; MICHAEL EYARUOMA AKPIROROH JCA;

Judgement

OGEBE, J.C.A. (Delivering the Leading Judgment): On the 15th May, 1997, the Respondents, as Plaintiffs in the High Court of Justice, Port Harcourt brought an action against the Appellants as Defendants seeking for some declaratory reliefs and mandatory orders. The cause of action arose from the suspension of the first Respondent as Chairman of the Port Harcourt Zone of the Nigeria Welders Association by the National Executive of the Association in a meeting held in Kaduna on the 23rd April, 1997 and the appointment of the 3rd Appellant as the Ag. Chairman of the Port Harcourt Zone. The Respondents also sought for a declaration that the stay of the National Secretary of the Association at the Port Harcourt Zonal Office amounted to a usurpation of the powers and duties of the Executive Officers of the Port Harcourt Zone.

At the institution of the suit, the Respondents brought a motion ex parte for all order of an interim injunction against the Appellants pending the determination of theā€¦

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