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PROPHETESS OLUWANIYI V. CHIEF OLUFEMI ADEWUMI

(2007) JELR 33822 (CA)

Court of Appeal  •  CA/I/251/03  •  20 Mar 2007  •  Nigeria

Coram
MUSA DATTIJO MUHAMMAD JCA; AMINA ADAMU AUGIE JCA; JOHN INYANG OKORO JCA;

Judgement

AUGIE, J.C.A (Delivering the Leading Judgment): This is an appeal and cross-appeal against the Ruling of Arasi, J., of the High Court, Ibadan, Oyo State, delivered on the 24th of March 2003, wherein he dismissed the Appellant's preliminary objection, which challenged the jurisdiction of the said Court to entertain the Respondent's action against her. The parties are neighbors; the Respondent occupies Plot 28, Block XII of New Government Reservation Area (GRA), Iyaganku, Ibadan, while the Appellant is the Founder and Proprietress of the Christ Mercy Church at Plot 29 of the same Block XII, New GRA, Iyaganku. The Respondent instituted an action against the Appellant and two other Defendants in Suit No. 1/694/2002, wherein he claimed an injunction to restrain her and the Members of her Church "from further committing nuisance due to noise as a result of their worship activities"; N5, 000, 000 as general damages; and "an order directing the 2nd and 3rd Defendants to ensure that the proper…

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