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MR. PAUL WISON & ORS. V. CHIEF OKECHUKWU OKEKE

(2010) JELR 43595 (CA)

Court of Appeal  •  CA/PH/122/2007  •  15 Jul 2010  •  Nigeria

Coram
ABUBAKAR JEGA ABDUL-KADIR JCA; HELEN MORONKEJI OGUNWUMIJU JCA; MOJEED ADEKUNLE OWOADE JCA;

Appearances
Mr. C. N. Nebo For Appellant Mr. O. Onoigbo holding the brief of C. G. Uche For Respondent

Judgement

ABUBAKAR JEGA ABDUL-KADIR, J.C.A. (Delivering the Leading Judgment): This appeal is against the Ruling of the Federal High Court holden at Umuahia presided over by H. T. Honourable Justice H.T. Soba.

The Respondent as Plaintiff at the trial Court had filed an action against the Defendants now Appellants claiming inter alia "that the purported suspension of the Plaintiff as a Director of the 5th Defendant is malicious, oppressive, unlawful, illegal and untra vires the powers of the 1st Defendant" . The Plaintiff in addition to his Writ of Summons and Statement of Claim also filed a Motion on Notice for an interlocutory Injunction.

The Appellants upon service of the said Court Process filed a Counter-affidavit and a Further Counter-affidavit in opposition to the Respondent's Motion on Notice for Injunction.

The Appellants also filed a Motion on Notice to strike out the Suit as being an abuse of Court Process and a Notice of preliminary Objection.

The trial Court in a well considered rul…

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