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COL. SATI MWANA v. MRS MARY GOMWALK

(2014) JELR 36455 (CA)

Court of Appeal  •  CA/J/91/2010  •  7 May 2014  •  Nigeria

Coram
TIJJANI ABDULLAHI JCA; CHIOMA E. NWOSU-IHEME JCA; IBRAHIM SHATA BDLIYA JCA;

Judgement

CHIOMA E. NWOSU-IHEME (Ph.D) J.C.A. (Delivering the Leading Judgment): The Appellant in this appeal is appealing against the judgment of Sha J. of the Plateau State High Court sitting in Jos delivered on the 16th of July 2009 in Suit No PLD/J85/2001 dismissing the Appellant's claim.

The Appellant (as plaintiff) in the lower Court sued the Respondent (as defendant) seeking the following reliefs:

"(i) An order of interlocutory injunction restraining the Defendant either by herself, servants or privies from erecting any structure or continuing to erect any structure on the access road or blocking the access road to the Plaintiff's property lying and situate at Rock Haven New Layout, Jos, covered by C of O No BP4377, pending the determination of this Suit.

(ii) An order of interlocutory injunction restraining the Defendant, her agent's privies or servants from doing any act or further acts calculated to deny the Plaintiff access to his property with C of O No BP 4377 pending the determina…

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