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CHIEF FRANK OKPO OCHOMA MR. DAVID AZUBUIKE OCHOMA (FOR THEMSELVES AND ON BEHALF OF UMU-ABUBAOGELE FAMILY OF AHOADA) ELDER FRED IDE MR. WILSON EYI MR. NDUBUISI JOHNSON (FOR THEMSELVES AND ON BEHALF OF UMU-OBUSENYE FAMILY OF AHOADA ELDER COUPLE AMAKIRI ELDER IDOKE UDE CHIEF FELIX IGWE (FOR THEMSELVES AND ON BEHALF OF UMUDIGWE FAMILY OF AHOADA) V. IHEANACHO EKPAJURU IDEOZU CHIDI JEROME AGWO CHIEF ROBERT WEYE ONYEMATARA EWOH ELDER MATTHEW IMO (FOR THEMSELVES AND ON BEHALF OF UMUDEKE FAMILY OF AHOADA)

(2001) JELR 57096 (CA)

Court of Appeal  •  CA/PH/130/2000 .  •  22 Feb 2001  •  Nigeria

Coram
JAMES OGENYI OGEBE, JCA (Presided) MICHAEL EYARUOMA AKPIROROH, JCA (Read the Lead Judgment) ABOYI JOHN IKONGBEH, JCA

Judgement

AKP IROROH, JCA (Delivering the Lead Judgment): This is an interlocutory appeal against the ruling of the High Court of Rivers State sitting at Ahoada, delivered on 13th March, 2000. The appellants, dissatisfied with the said ruling, appealed to this court on five grounds of appeal and distilled three issues for determination as follows:- “(1) Whether, having regard to the affidavit evidence tendered in this case and all the circumstances of this case, including the time lapse (sic: time-lag) between January 1991, when the suit was filed, and January, when the application for interlocutory injunction was made. It was proper to restrain the appellants by order of interlocutory injunction pending the determination of the suit.

Whether the learned trial Judge did properly and judiciously appreciate the principles that interlocutory injunctions are employed to preserve (not to alter) the status quo; that of that stage the contending interest of the parties must be balanced and that injun…

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