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THE OWERRI MUNICIPAL COUNCIL & ORS. V. INNOCENT ONUOHA & ORS.

(2009) JELR 47286 (CA)

Court of Appeal  •  CA/PH/207/02  •  31 Mar 2009  •  Nigeria

Coram
SULEIMAN GALADIMA JCA; MOHAMMED LAWAL GARBA JCA; IBRAHIM MOHAMMBD MUSA SAULAWA JCA;

Judgement

SULEIMAN GALADIMA, J.C.A. (Delivering the Leading Judgment): This appeal is against the decisions of Hon. Justice F.I. DUROHA-IGWE of Imo State High Court, dated 14th March, 2002 in suit No. HOW/48/2000. The trial court granted an order of interlocutory injunction against the Appellants in favour of the 1" set of Respondents, who were the plaintiffs. The court also extended time to them to file their pleadings out of time. The subject matter of the suit in the trial court is contractor financed market shops constructed by the Appellants. The claim of the plaintiffs was as follows:

"1. A declaration of court that it is wrong for the Respondents to seek to demolish, dismantle or, reconstruct, the stalls, stores in the New Market Motor Park without any specific arrangement with the Allottees or provision for them upon completion of the new stores and without any arrangement for alternative accommodation.

2. An order of court restraining the defendants from evicting the plaintiffs or comm…

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