judy.legal
Login Register
📄 PDF

IFEANYI NWAESHI V. MR. JAMES OKPALA & ORS

(2013) JELR 35620 (CA)

Court of Appeal  •  CA/E/313/2009  •  31 May 2013  •  Nigeria

Coram
ABUBAKAR JEGA ABDUL-KADIR JCA; ISAIAH OLUFEMI AKEJU JCA; EMMANUEL AKOMAYE AGIM JCA;

Appearances
E. Onyishi For Appellant Emeka Mofunanya For Respondent

Judgement
<p>ISAIAH OLUFEMI AKEJU, J.C.A. (Delivering the Leading Judgment): The appellant was the defendant in Suit No. A/304/2006 at the Awka division of the High Court of Anambra State. In the course of the Suit, the respondents as plaintiffs filed a motion on Notice on 10/12/2008 for the order restraining the defendant, his servants, agents, workmen and/or privies from further construction or development of the 2 rooms and a parlour bungalow he commenced on the disputed land described as a communal land at Ezibe Obogwu in Eziokpo Obeagu Namkpu Mbaukwu in Awka South Local Government Area of Anambra State.</p><p> The motion was filed with a supporting affidavit of 15 paragraphs as well as written address, and in response thereto the appellant filed a Counter Affidavit on 22/12/2008; also with a written address.</p><p> In his ruling on 2/2/09, the learned trial Judge, Hon. Justice J.C. Iguh granted the application and restrained the defendant (now appellant, his servants agents, workmen and/or privies from fur…</p>

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login