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JAMES ONWE & ORS v. JAMES OGE & ORS

(2017) JELR 37631 (CA)

Court of Appeal  •  CA/E/246/2009  •  3 Feb 2017  •  Nigeria

Coram
IGNATIUS IGWE AGUBE JCA; JOSEPH TINE TUR JCA; MISITURA OMODERE BOLAJI-YUSUFF JCA;

Judgement

JOSEPH TINE TUR, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of B.A.N. Ogbu J., of the High Court of Justice, Ohaukwu Judicial Division, Ebonyi State of Nigeria rendered on 28th April, 2009 wherein the learned trial Judge held at pages 163 to 164 of the printed record as follows:

"It is settled law that the principle upon which the Court acts in granting interlocutory injunctions must be strictly observed and it is impossible to lay down any general rule by which the discretion of the Court ought in all cases, to be regulated; but it must be borne in mind that injunctions are not granted as a matter of course. See MISSINIs case supra.

In the peculiar facts and circumstances of this application, the discretionary power of injunction of this Court shall be issued against the Respondents because it is just and convenient to do so. Accordingly the Respondents particularly the 9th Respondent are hereby restrained from further continuing to carry quarry opera…

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