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CaseLaw

Ideozu V. Ochoma (2006) CLR 2(b) (SC)

Judgement delivered on February 17th 2006

Brief

  • Exercise of discretion
  • Finding of fact by trial court
  • Interlocutory and interim injunction

Facts

The Appellants had commenced an action against the Respondents for declarations and injunctions.

The Parties filed and exchanged pleadings. On 10/1/98, the Appellants as Plaintiffs filed an application for interlocutory injunction against the Respodent. The Respondents filed a counter-affidavit to the Appellants application. A certificate of conferment was annexed to the Respondents’ Counter-Affidavit. This elicited from the Appellants a further affidavit. In reaction the Respondents filed a further counter-affidavit.

In a ruling delivered on 13/3/2000 the trial Judge granted the orders sought by the Appellants.

Dissatisfied with the ruling the Respondents appealed to the Court of Appeal, Port-Harcourt Division. The Court of Appeal in its judgment allowed the appeal.

The Appellants who were dissatisfied with the judgment of the Court of Appeal, appealed to the Supreme Court.

Issues

  • 1.
    Whether the lower Court was justified in law to have interfered with the...
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