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ETIM EKPENYONG & ORS VS INYANG EFIONG NYONG & ORS

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ETIM EKPENYONG & ORS VS INYANG EFIONG NYONG & ORS

Legalpedia Citation: (1975) Legalpedia (SC) 11997

In the Supreme Court of Nigeria

Thu Feb 27, 1975

Suit Number: SC. 161/1974

CORAM


TASLIM O. ELIAS, JUSTICE, SUPREME COURT

GEORGE S. SOWEMIMO, JUSTICE, SUPREME COURT

DANIEL O. IBEKWE, JUSTICE, SUPREME COURT


PARTIES


INYANG EFFIONG NYONG & 6 ORS APPELLANTS


RESPONDENTS


AREA(S) OF LAW



SUMMARY OF FACTS

The appellants who were the defendants at the trial court are by this appeal challenging the interlocutory ruling of the learned trial court restraining them and some others from dealing with the monies and lands subject matter of dispute and appointing a caretaker committee pending the determination of the suit.


HELD


It was held that a court of law may award less, and not more than what the parties have claimed and that a court of law should desist from making orders that are not enforceable.


ISSUES


None


RATIONES DECIDENDI


AWARDS


A court of law is not a charitable institution; its duty, in civil cases, is to render unto everyone according to his proven claim. Per Dan Ibekwe, JSC


UNENFORCEABLE ORDER


A court of justice will not issue an order which is unenforceable Per Dan Ibekwe, JSC


CASES CITED


Ukejianya v. Uchendu, 13 WACA 45


STATUTES REFERRED TO


None


CLICK HERE TO READ FULL JUDGMENT

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