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RICHARD EMEJUO NWOSU & ORS. v. GABRIEL N. NZEADIBE

(2010) JELR 33741 (CA)

Court of Appeal  •  CA/PH/114/2003  •  10 Dec 2010  •  Nigeria

Coram
ABUBAKAR JEGA ABDUL-KADIR JCA; HELEN MORONKEJI OGUNWUMIJU JCA; MOJEED ADEKUNLE OWOADE JCA;

Judgement

MOJEED ADEKUNLE OWOADE, J.C.A.(Delivering the Leading Judgment): This is an interlocutory appeal against the Ruling of Honourable Justice S. A. Nwakanma, sitting at Abia State High Court, Umuahia Judicial Division delivered on 23rd November, 2001.

The appellants are the plaintiffs while the respondent is the defendant in the pending suit in the Court below. On 3rd May, 1999, on the application of the appellants, the Court below, presided over by Hon. Justice S.O.E. Nwanosike made an interim order restraining both parties from entering the land in dispute. On 26th July, 1999, the said Order of 3rd May, 1999 was re-affirmed by the said Hon. Justice S.O.E. Nwanosike restraining both parties "from entering into the land in dispute or dealing with same or the structure thereon-until the final determination of the suit".

The appellants claimed that despite the said order of court, the respondent entered the land in dispute and continued with the building on the land in dispute. On 22nd Febr…

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