The respondents as plaintiffs sued the appellant herein as defendants claiming:-
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1
"Declaration that the purported sale of the properties known as and called Plot C/26, Niger Bridge Head, Housing Estate Phase II, Onitsha and R/17 Niger Bridge Head Lay-Out, Onitsha by the 1st and 3rd Defendants to the 2nd and 4th defendants is ultra vires, null and void and of no effect whatever.
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2
N25, 000,000.00 damages
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3
Perpetual injunction restraining:
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i
the 1st and 3rd defendants from, in any manner whatsoever interfering with the plaintiff’s possessory right over the aforesaid properties.
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ii
entering into the said properties (or any of them) and/or purporting to exercise any act of ownership/possession thereon.”
Thereafter, the respondents prayed the court for an order of interlocutory injunction restraining: -
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a
The 2nd and 4th defendants/respondents, their servants, agents or privies from further entering into the premises known as and called No. C/26 Nkisi Road, low cost Housing Estate, Bridge Head approach. Onitsha and No. 8 Ihembosi Street, Onitsha (otherwise called R/17, Niger Bridge Head Layout, Onitsha) and/or from collecting rents or other profits therefrom or from evicting or attempting to evict the plaintiffs’ tenants in the said properties or from, in any manner whatsoever reconstructing or dealing with the said properties pending the determination of the substantive suit.
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b
The 1st and 3rd defendants/respondents from handing over or releasing the plaintiffs/applicants title deeds to the properties (or any of them) to the 2nd and 4th defendants/respondents and/or from in any manner whatsoever dealing or continuing to deal with the said property in any manner inconsistent with the plaintiffs/applicants’ determination of the substantive suit.
The facts of the case are that the respondents used the properties in issue as collateral for a loan obtained from the 1st appellant which was repaid. The 1st appellant who is the mortgagee of the said property purported to sell the properties to the 2nd and 4th appellants through the 3rd appellant (an auctioneer) inspite of the repayment of the loan.
The court granted the injunction as prayed. Dissatisfied with the ruling, the appellants appealed to the Court of Appeal.
Whether on the facts of this case, the learned trial Judge considered and...
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