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  • 2003-01-13
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Okafor v. Onwe

CHIEF JOSEPH OKAFOR

V

1.             MR. EMMANUEL ONWE

2.             MRS. JOSEPHINE ONWE

COURT OF APPEAL

( ENUGU STATE )

JUSTIN T. AKPABIO, JCA ( Presided and Read the Lead Judgment )

EUGENE CHUKWUEMEKA UBAEZONU, JCA

SULE AREMU OLAGUNJU, JCA

CA/E/163/2000

THURSDAY, 20TH DECEMBER, 2001

COURT - Duty on to act judicially and judiciously - How done

INJUNCTION - Interlocutory injunction - Main consideration in deciding whether damages alone would be adequate compensation for an applicant for

INJUNCTION - Interlocutory injunction - Principles guiding grant of

INJUNCTION - Interlocutory injunction - Purpose of and whether it is a remedy for a completed act

PRACTICE AND PROCEDURE - Injunction - Interlocutory injunction Principles guiding application for - Purpose of and whether a remedy for a completed act - Main consideration in deciding whether damages would be adequate compensation for an applicant for

WORDS AND PHRASES - ‘Acting judicially and  judiciously’ - Meaning of

Issue:

Whether all the conditions necessary for the grant of interlocutory injunction were present in this case.

Facts:

This is an interlocutory appeal arising from the grant of interlocutory injunction against the defendant/appellant. The plaintiffs commenced this suit against the defendant claiming an order to set aside an unregistered deed of assignment executed by the 1st plaintiff on grounds of misrepresentation, fraud and undue influence, and trick etc. Soon after the institution of the action, the plaintiffs applied for interlocutory injunction against the defendant. The learned trial Judge heard the application and granted same. Dissatisfied the defendant brought this appeal.