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CHIEF BRIGHT ONYEMEH & ORS V. LAMBERT EGBUCHULAM & ORS

(1996) JELR 45895 (SC)

Supreme Court  •  SC.89/1993  •  23 Apr 1996  •  Nigeria

Coram
MUHAMMADU LAWAL UWAIS JSC; ABUBAKAR BASHIR WALI JSC; IDRIS LEGBO KUTIGI JSC; EMMANUEL OBIOMA OGWUEGBU JSC; YEKINI OLAYIWOLA ADIO JSC;

Judgement

KUTIGI, J.S.C. (Delivering the Leading Judgment): In the High Court of Imo State holden at Owerri, the plaintiffs sued the 1st to 3rd defendants for a declaration that they are entitled to the grant or issuance of allocation papers in respect of lock up market stalls in their possession; an order of court directing the 1st to 3rd defendants to regularise the allocation of the stalls to the plaintiffs, and an injunction restraining the 1st to 3rd defendants, their servants, agents or privies from interfering with the plaintiffs' possession of the said market stalls.

Soon thereafter the 4th to 9th defendants by motion on notice applied to the court to be joined as co-defendants. The 1st to 3rd defendants opposed the application and filed a counter-affidavit. Arguments on the motion for joinder were heard and the learned trial Judge in a reserved ruling setout on pages 164 to 178 of the record. refused the application and dismissed same.

Aggrieved by the Ruling of the High Court, the 4th…

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