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SOBIE OJIMBA & ORS V. PETER OJIMBA & ORS

(1996) JELR 43650 (CA)

Court of Appeal  •  CA/PH/231/91  •  26 Mar 1996  •  Nigeria

Coram
OBINNAYA ANUNOBI OKEZIE JCA; RAPHEAL OLUFEMI ROWLAND JCA; MORONKEJI OMOTAYO ONALAJA JCA;

Appearances
Chief C.U. Nosiri (with him, Okoro, Esq.) For Appellant D. Iboroma, Esq. For Respondent

Judgement

ONALAJA, J.C.A. (Delivering the Leading Judgment): The plaintiffs now referred to in this judgment as the respondents sought and were granted leave at the High Court of Rivers State holden in Port Harcourt to commence and institute the action there, in a representative capacity. By their writ of summons they claimed against the defendants hereinafter referred to in this judgment as the appellants the undermentioned particulars of claim:-

"The plaintiffs' claim against the defendants jointly and severally is for an injunction to restrain the defendants, their agents or privies from installing a chief of OJIMBA Village without the consent of the entire OJIMBA Village and the entire KPEYA War Canoe House of Okrika."

Immediately after the institution of the action, the respondents applied and were granted interim order of injunction against the appellants.

After service of the writ and the interim order of injunction on the appellants in accordance with the provisions of High Court Civil …

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