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THE REGISTERED TRUSTEES OF GOSPEL LIGHT INTERNATIONAL MINISTRIES (AKA) NEW COVENANT GOSPEL CHURCH V. MR. ISAIAH EHANIRE

(2018) JELR 38808 (CA)

Court of Appeal  •  CA/B/119M/2017  •  25 May 2018  •  Nigeria

Coram
PHILOMENA MBUA EKPE JCA; MOORE ASEIMO ABRAHAM ADUMEIN JCA; MUDASHIRU NASIRU ONIYANGI JCA;

Appearances
J.O. Aghimien, SAN with him, F.E. Aghimien, Esq. and Miss S.O. Ifaluyi For Appellant A.O. Osemwegie, Esq. with the brief of Nosa O. Momwan, Esq. For Respondent

Judgement

MOORE ASEIMO ABRAHAM ADUMEIN, J.C.A. (Delivering the Lead Ruling): By this motion on notice filed on 16/03/2017 the applicant is seeking:

An Order for injunction restraining the claimants/respondents, their agents and privies from acting on the order in the judgment delivered on 21st October, 2016 in Suit No. B/305/13 for the purpose of the protection and preservation of the appellants right of way through the land in dispute via Atekha Street, off Uwa Street, off 2nd East Circular Road, Benin City, which is the res or subject matter thereof; pending the determination of the Appeal filed against the said judgment before this Honourable Court.

The application is anchored on the following 7 (seven) grounds:-

1. The learned trial judge sitting as High Court No. 9, Benin City, delivered judgment on the 21st of October, 2016 in Suit No. B/305/13 in favour of the respondent therein.

2. Being dissatisfied with the said judgment, the appellant/applicant promptly lodged an appeal against the said …

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