CITEC INTERNATIONAL ESTATES LIMITED VS HONOURABLE ESEME SUNDAY EYIBO

CORAM

IKECHI FRANCIS OGBUAGU, JUSTICE SUPREME COURT.

PARTIES

CITEC INTERNATIONAL ESTATES LIMITED APPELLANTS

HONOURABLE ESEME SUNDAY EYIBO RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The Plaintiff/Respondent filed an action at the High Court of the Federal Capital Territory, Abuja seeking a declaration that the Plaintiff/Respondent is the lawful holder of the Statutory Right of Occupancy and entitled to the possession the piece of land measuring approximately 1404.45m2 known as Plot No. 2353 located at Nbora District Cadastral Zone C06, an order of perpetual injunction restraining the Defendant/Appellant from trespassing on the said land and damages. The Defendant/Appellant filed a defence and a counterclaim accompanied by a motion on notice seeking for an order of interlocutory injunction restraining the Plaintiff/Respondent from dealing with the subject matter of the suit pending before the trial court. After hearing arguments of parties on the application, the trial Court gave a ruling dismissing the Defendant’s/Appellant’s application. Dissatisfied with the decision of the trial Court, the Defendant/Appellant has appealed to this Court.

HELD

Appeal Dismissed

ISSUES

None

RATIONES DECIDENDI

GROUNDS OF APPEAL – GROUNDS OF APPEAL MUST ATTACK THE RATIO DECIDENDI OF THE DECISION COMPLAINED OF

“The law is quite settled that grounds of appeal must attack the ratio decidendi of the decision complained of”. See Coker v. U.B.A. Plc (1997) 2 NWLR (PL 490) 641″.

RELIEF -BINDINGNESS OF PARTIES BY THE RELIEFS CLAIMED IN A MOTION PAPER

“The law is that parties are bound by the relief claimed in a motion paper See Commissioner for Works, Benue State v. Devcon Construction Co. Ltd. (1988) 3 NWLR (Pt 83) 407 and Okoya v. Santili (1990) 3 SCNJ 83.”

RELIEF – NATURE OF RELIEF SOUGHT IN AN ACTION

“In any action, including applications, the relief sought is the life wire of that action or application. A relief claimed must be couched in concise, precise and plain language. See Chief Omu Uzoukwu & 5 Ors. v. Igwe Chukwudebelu Ezike Ezeonu II & 8 Ors. (1991) 6 NWLR (Pt. 200) 708 at 785 per Niki Tobi, JCA (as he then was), where this court stated that:
‘The language of a relief must be precise, concise and simple. The language of a relief must be clear…”

ORDER OF COURT – AN ORDER CANNOT BE MADE AGAINST A PERSON WHO IS NOT A PARTY TO AN ACTION

“It is elementary principle of law that an order cannot be made against a person who is not a party to the action and who has not been accorded the opportunity of being heard on the matter See Augustine Ndulue v. Nwankwo Ibezim & Anor. (2002) 12 NWLR (Pt. 780) 139 at 169.”

CASES CITED

STATUTES REFERRED TO

None|

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