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THE REGISTERED TRUSTEES OF UGBORODO COMMUNITY TRUST & ORS v. MR. WELLINGTON OJOGOR & ORS

(2014) JELR 36512 (CA)

Court of Appeal  •  CA/B/146/2001  •  9 Jul 2014  •  Nigeria

Coram
IBRAHIM MOHAMMED MUSA SAULAWA JCA; PHILOMENA MBUA EKPE JCA; HAMMA AKAWU BARKA JCA;

Judgement

HAMMA AKAWU BARKA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the interlocutory decision of the Federal High Court sitting in Benin City, delivered on the 15th of June, 2001. In the said ruling, the court dismissed the appellants' motion seeking to set aside the order of interim injunction earlier granted by the court on the ground that the motion was not supported by an affidavit.

The brief facts originating the present appeal as can be gleaned from the record are as follows:

The respondents as plaintiff at the Lower Court, filed an action against the appellants seeking for the following reliefs.

"(a) A declaration that by virtue of the Incorporation of the Ugborodo community trust in accordance with law, the trust becomes, and is the only legal proper and legitimate representative of the said Ugborodo community and its people.

(b) A declaration that by virtue of the said incorporation of the Ugborodo community trust, the plaintiffs and such other persons, …

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