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FRANCIS MORGAN UDO V. INCORPORATED TRUSTEES OF CHRISTIAN METHODIST EPISCOPAL CHURCH

(2008) JELR 46834 (CA)

Court of Appeal  •  CA/C/112/2005  •  10 Dec 2008  •  Nigeria

Coram
KUMAI BAYANG AKAAHS JCA; JEAN OMOKRI JCA; THERESA NGOLIKA ORJI-ABADUA JCA;

Judgement

THERESA NGOLIKA ORJI-ABADUA, JCA (Delivering the Leading Judgment): The Appellant was the Defendant/Respondent in the Motion on Notice filed by the Plaintiffs, now the Respondents, in Suit No. HU/315/2001 at the Akwa Ibom State High Court, sitting at Uyo seeking for an order of interlocutory injunction restraining the Defendant/Respondent whether acting by himself or through any agency, privy or representative, howsoever from further trespassing and or interfering with the Plaintiffs/Applicants' right, possession and ownership of the piece or parcel of land situated at, and known and called Plot 1, Johnson Street Uyo. The said Motion was supported by the averments contained in the ten paragraph affidavit deposed to by one Mr. Iyakke Ukpong together with Exhibits A-E attached thereto.

The Appellant for his part, at the lower Court, filed a 15 paragraph counter affidavit together with Exhibits A-D attached to it.

The aforestated application was initially moved by the learned Plaintiff's…

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