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YAKUBU IYANDA V. SAIDU AMORI

(2006) JELR 42360 (CA)

Court of Appeal  •  CA/IL/28/2005  •  13 Jul 2006  •  Nigeria

Coram
MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE JCA; TIJJANI ABDULLAHI JCA; HELEN MORONKEJI OGUNWUMIJU JCA;

Appearances
C. O. Roland Otaru (Mrs.) For Appellant Mr. K. K. Eleja (with him, B. Akintunde [Miss] and N. Uregbulam [Mrs.]) For Respondent

Judgement

ABDULLAHI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the High Court of Justice, Kwara State, delivered by A. D. Bamigbola, J. on 22nd February, 2005, granting an order of injunction against the appellant herein pending hearing and determination of the respondent's appeal pending in this court.

By motion on notice dated and filed on 15/11/2004, the applicant, who is respondent in the present appeal, prayed for the following orders:-

"1. An order of interlocutory injunction restraining the respondent, his servants, agents and/or any persons deriving authority from him from demolishing, tampering with, trespassing on, dealing with or interfering with the appellant's buildings and/or or structures in any manner what so ever having the effect of prejudicing or adversely affecting the rights and interest of the applicant in the buildings and/or structures situate, lying and being at Ile Abondo, Oloje, Ilorin, Kwara State pending the hearing and final …

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