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SOWEMIMO, J.S.C. (Delivering the Leading Judgment): This is an appeal against the ruling of the learned trial judge, Nwokedi J., at the Okigwe High Court in the East Central State, in Suit No. HU/19. The learned judge refused to grant an interlocutory injunction against the defendants because the area of land in dispute could not be identified. No plan of the land was exhibited. There was dispute between the parties, as could be gathered from the affidavits and counter-affidavits filed, as to the actual area being litigated upon and their locations.
The learned trial judge in his ruling stated inter alia:
"It is not denied that at the time this motion was brought the applicants had filed no plan which would enable this court to determine and identify the area of land where the injunction could operate. The necessity for this has become more obvious since the Defendants in their counter-affidavits are saying that their own lands are different from that of the plaintiffs/applicants. The…