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LONESSOME OKOI OFEM & ORS. v. PRESBYTERIAN CHURCH OF NIGERIA

(2011) JELR 33095 (CA)

Court of Appeal  •  CA/C/51/2009  •  3 Jun 2011  •  Nigeria

Coram
JAFARU MIKA'ILU JCA; MASSOUD ABDULRAHMAN OREDOLA JCA; ISAIAH OLUFEMI AKEJU JCA;

Judgement

ISAIAH OLUFEMI AKEJU, J.C.A. (Delivering the Leading Judgment): The Respondent obtained an order of interim injunction from the High court of Cross River State sitting at Ugep (hereinafter called the lower court) on 7th August, 2006 upon the motion exparte filed in Suit No. HUG/MISC 23/2006. The Respondent thereafter commenced suit No. HUG/MISC/34/2006 as committal proceedings against the Appellants who had been restrained from entering into the Respondent's Church building or doing anything therein. Upon service of Forms 48 and 49 on them, the Appellants filed a Motion on Notice on 20/11/2006 as preliminary Objection to the proceedings and after taking arguments of counsel, the lower court in the ruling of 27/1/2009 dismissed the objection. The Appellants felt dissatisfied with the ruling and appealed to this court through the Notice and Grounds of Appeal filed on 4/2/2009 with 5 grounds of appeal.

In the Appellants' Brief of Argument settled by E.U. Ejukwa Esq., the learned counsel …

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