Just Decided Cases

OGUCHI ONEA & ORS V. NWAEKE EGBEICHI & ORS

Legalpedia Citation: (1974) Legalpedia (SC) 11116

In the Supreme Court of Nigeria

Wed May 29, 1974

Suit Number: SC 262/1973

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



CLICK HERE TO READ FULL JUDGMENT

Esther ORIAH

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