CORAM

TASLIM O. ELIAS, CHIEF JUSTICE OF NIGERIA

GEORGE S. SOWEMIMO, JUSTICE, SUPREME COURT

DANIEL O. IBEKWE, JUSTICE, SUPREME COURT

PARTIES

OGUCHI ONEA WILLIAM OGUAMALAM JEROME OGIDI (For themselves and on behalf of the People of Eziama Achara Uturu Okigwe) APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The appellants application for interlocutory injunction was refused on the grounds that there was no plan to identify the land and no sufficient interest had been shown. The appellants appealed on the ground that the respondents acts of trespass is preventing a survey of the land.

HELD

The court held that the issue of whether or not the respondents acts are obstructing the survey of the land was not raised in the lower court and accordingly dismissed the appeal.

ISSUES

Whether the lower court rightly dismissed the appellants application for interlocutory injunction on the ground that the land in dispute was not properly identified when the acts of the respondents are making it impossible to survey the land.

RATIONES DECIDENDI

ORDER OF INTERLOCUTORY INJUNCTION

an applicant for an order of interlocutory injunction must have sufficient interest in the relief sought. Per Sowemimo J.S.C

CASES CITED

STATUTES REFERRED TO

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