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JEREMY C. ONAH OKO ORURUA NDUBUISI NSUDE DENNIS ORJI FRIDAY EZEOHA OKEY OGBODO (FOR THEMSELVES AND ON BEHALF OF THE PEOPLE OF UMUANIABOR FAMILY, AMECHI AWKUNANAW) V. MESSRS U. MADUKA ENTERPRISES (NIGERIA) LIMITED

(2006) JELR 53098 (CA)

Court of Appeal  •  CA/E/94/2004  •  4 May 2006  •  Nigeria

Coram
JAMES OGENYI OGEBE JCA (Presided and Read the Lead Judgment) JA'AFARU MIKA'ILU JCA JIMI OLUKAYODE BADA JCA

Judgement

OGEBE JCA (Delivering the Lead Judgment): The respondent made a complaint against the appellants to the police alleging that the latter wilfully destroyed its boundary walls and buildings on 17th day of December, 2002. On 13th day of January, 2003, the appellants were arraigned in charge No. MUW/3C/03 in the Magistrate Court, Enugu South. The appellants pleaded not guilty to the two count charge and the case was adjourned to 21/2/2003 for hearing. On 24/1/2003, the respondent filed a claim at the Enugu High Court. The claim stated that on the 17/12/2002 the appellants broke and entered into the same land and destroyed the boundary walls and demolished houses in the said land and therefore claimed the sum of one hundred and fifty million naira special and general damages. By a motion on notice dated 31/1/2003, the respondent prayed the court for an order of interlocutory injunction restrainingthe appellants from entering, damaging etc. the said property, the subject matter of both th…

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