CORAM
M.L. UWAIS JUSTICE, SUPREME COURT
S. KAWU JUSTICE, SUPREME COURT
A.B. WALI JUSTICE, SUPREME COURT
E.O. OGWUEGBU JUSTICE, SUPREME COURT
S.U.MOHAMMED. JUSTICE, SUPREME COURT
PARTIES
CHIEF KALU IGWE & ORS
APPELLANTS
CHIEF OKUWA KALU & ORS
RESPONDENTS
AREA(S) OF LAW
LAND LAW – TITLE TO LAND – APPEAL – INTERLOCUTORY INJUCTION
SUMMARY OF FACTS
The appellants were plaintiffs in consolidated suit involving a land matter in the trial court and the respondents were the defendants. Judgment was delivered in the consolidated suits against the appellants. The appellants appealed praying for a stay of execution and secondly for an interlocutory injunction. The first prayer was granted, while the second was dismissed, hence this appeal.
HELD
The court held that the appellants appealed against the whole decision of the trial court and that there were special circumstances to warrant the preservation of the res pending appeal. It granted the application for interlocutory injunction with costs of N1, 000.00 in favour of the appellants.
ISSUES
1. Whether the Court of Appeal was right in holding that the appellants have not appealed against the dismissal of Suit No. HU/24/74 in which they (the appellants) were plaintiffs and consequently would not have a declaration of title in their favour if the appeal were allowed;
2. Whether there were no such special circumstances as would warrant the preservation of the res and the grant of an order of interlocutory injunction pending the determination of the appeal.”
RATIONES DECIDENDI
DUTY OF COURT HAVING CUSTODY OF PROPERTY SUBJECT OF LITIGATION
The primary duty of the court having custody of property the subject matter of litigation is to preserve the res for delivery to persons who ultimately establish their title – Per Ogwuegbu, JSC.
TWO NOTICES OF APPEAL NEED NOT BE FILED IN CONSOLIDATED SUITS
There is no rule of law or practice requiring an aggrieved party in consolidated suits to file two notices of appeal -Per Ogwuegbu, JSC.
CASES CITED
1. The Zamora (1916) A.C. 77.
2. Odusote v. Odusote (1971) N.M.L.R. 228,
3. Solanke v. Ajibola (1969) 1 N.M.L.R. 253
4. Ifediorah & ors v Ume and ors (1988) 2 N.W.L.R. (Pt.74) 5.
STATUTES REFERRED TO
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