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  • 2002-08-05
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Obijuru v. Anokwuru

JAMES OBIJURU AND 2 OTHERS

V

LAWRENCE ANOKWURU AND 2 OTHERS

COURT OF APPEAL

( PORT-HARCOURT DIVISION )

JAMES OGENYI OGEBE, JCA ( Presided )

SULE AREMU OLAGUNJU, JCA ( Read the Lead Judgment )

MICHAEL EYARUOMA AKPIROROH, JCA

CA/PH/57/94

TUESDAY, 12TH JUNE, 2001

APPEAL - Grounds of appeal - Where allege an error in law and misdirection - Impropriety of - Effect

APPEAL - Preliminary objection to hearing of - Condition precedent to Order 3 rule 15(1) Court of Appeal Rules, 1981 - Non-compliance with - Current attitude of the Supreme Court thereto

COURT - Error or slip of trial court - Whether it is every such that will vitiate a decision on appeal

INJUNCTION - Interlocutory injunction -When to be refused in a land matter -Circumstances warranting substitution of order of accelerated hearing for interlocutory injunction

LAND LAW - Interlocutory injunction - Application for in a land matter

PRACTICE AND PROCEDURE - Accelerated hearing of land suit - Order of - When to be made instead of granting application for interlocutory injunction

PRACTICE AND PROCEDURE - Error or slip of trial court - Whether it is every such that will vitiate a decision on appeal

PRACTICE AND PROCEDURE - Appeal - Grounds of appeal - Where allege an error in law and misdirection - Impropriety of - Effect

PRACTICE AND PROCEDURE - Preliminary objection to hearing an appeal - Condition precedent to - Order 3 rule 15(1) Court of Appeal Rules, 1981 - Non-compliance with  - Current attitude of the Supreme Court thereto

PRACTICE AND PROCEDURE - Error or slip of court - Whether it is every such that will vitiate a decision on appeal

PRACTICE AND PROCEDURE - Interlocutory injunction - When to be refused in a land matter - Circumstances warranting substitution of order of accelerated hearing for interlocutory injunction

Issues:

1.            Whether the appellants satisfied all the conditions laid down for granting an interlocutory injunction in a land matter.

2.            Whether the learned trial Judge is right to have made an order of accelerated hearing of the action as a substitute for injunctive reliefs sought by the appellants.

Facts:

This is an interlocutory appeal from the ruling of Owerri High Court, refusing the appellants’ application for interlocutory injunction. In the substantive claim, the appellants as plaintiffs are seeking declaration of title, injunction and damages for trespass against the defendants. The appellants filed an application for interlocutory injunction which was supported by a copious affidavit evidence and equally opposed by a copious counter-affidavit raising a number of controversial issues that must be tried with the prospect of the number being multiplied as the oral hearing progresses. With the susceptibilities of treading on issues that are more appropriate to be tried in the substantive action looming large, the learned trial Judge dismissed the application for interlocutory injunction but made an order for accelerated hearing instead. Dissatisfied, the appellants have filed this appeal contending that they met the conditions for the grant of interlocutory injunction.