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TELEPOWER NIGERIA LIMITED V. CHIEF NICHOLAS BANNA

(2001) JELR 57748 (CA)

Court of Appeal  •  CA/PH/127/96  •  11 Jul 2001  •  Nigeria

Coram
JAMES OGENYI OGEBE, JCA (Presided) SYLVANUS ADIEWERE NSOFOR, JCA I. CHUKWUDI PATS-ACHOLONU, JCA (Read the Lead Judgment)

Judgement

PATS-ACHOLONU, JCA (Delivering the Lead Judgment): The summary of the facts of this case as can be discerned, from the record andthe briefs is that the appellant who was the plaintiff in the court below had instituted an action against the respondent (defendant) for some declaratory reliefs and perpetual injunction. In the interim before the pleadings were filed the appellant filed a motion for interlocutory injunction to restrain the defendant from what he described as interfering with the occupational rights of National Drug Law Enforcement Agency who are the tenants of the appellant and preventing them from entering into what is described as Telepower Estates. The motion was vigorously argued and ultimately dismissed and the court made an order for the parties to file pleadings in the case within a time frame. After the expiration of time for the appellant to file its pleadings, it applied for extension of time which was granted, I would say grudgingly as the learned trial Judge …

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