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PINACLE COMMERCIAL BANK LIMITED CHIEF CHIKE CHIGBUE V. STEEL BELL NIGERIA LIMITED RABO FARMS LIMITED DR. IME SAMPSON UMANAH ATTORNEY GENERAL OF LAGOS STATE CHIEF LANDS OFFICER

(2000) JELR 51558 (CA)

Court of Appeal  •  8 Mar 2000  •  Nigeria

Coram


Appearances
Mr. Oluyemi Ariyo for the Applicants -*- Mr. ‘Segun Fabunmi for 1st, 2nd and 3rd Respondents. B

Judgement
<p><strong> OGUNTADE, JCA. (Read the Leading Judgment): </strong> The applicants were the defendants before the Lagos State High Court in a suit brought by the 1st, 2nd, and 3rd respondents as plaintiffs. The lower court had granted in favour of the plaintiffs upon an ex-parte application an order restraining the present applicants from selling the properties of the 3rd respondent. The properties are situate at Victoria Island, Lagos and the plaintiffs/respondents had mortgaged the said properties to the 1st applicant to secure a loan granted to the 1st to 3rd respondents. The applicants later brought an application before the lower court to set aside the ex-parte order. That application was heard together with plaintiffs’ application on notice for interlocutory injunction. The lower court in its ruling vacated the ex-parte order and dismissed plaintiffs’ application on notice for interlocutory injunction. The plaintiffs/respondents brought an appeal before this court against the ruling of the lower cour…</p>

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