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OKOMU OIL PALM COMPANY DR. GRAHAM HEFER V. HASSAN TAJUDEEN FATAI OYELAJI ALHAJI GANIYU ENIOLA PASTOR C. O. OSUNLAKIN (on behalf of themselves and Yoruba Cocoa Farmers in Area BC 10, Okomu Forest Reserve)

(2015) JELR 57207 (CA)

Court of Appeal  •  CA/B/346/2013  •  11 May 2015  •  Nigeria

Coram
IBRAHIM MOHAMMED MUSA SAULAWA JCA (Presided) HAMMA AKAWU BARKA JCA UGOCHUKWU ANTHONY OGAKWU JCA (Read the Lead Judgment)

Judgement

OGAKWU JCA (Delivering the Lead Judgment): This is an appeal against the order of injunction made by Erameh J. of the High Court of Edo State, on 6 June 2013. The appellants were dissatisfied with the said decision and they appealed against the same on 19 June 2013. The background facts to this appeal reveal that on 8 March 2012, therespondents instituted an action against the appellants with respect to the respondents cocoa farms at Area BC 10, Okomu Forest Reserves, Okomu in Ovia South West Local GovernmentArea of Edo State. The respondents claim to be rent paying tenants of the Edo State Government on the lands where they have their cocoa farms, and that the appellants were threatening to bulldoze their farmland. The respondentsconsequently instituted an action claiming sundry declarations and injunction against the appellants.

Quia timet , the respondents also filed an application for interlocutory injunction to restrain the appellants from, inter alia , destroying, further d…

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