Triana Limited & Anor V. Noel Ezenwa & Anor (2016)

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SAMUEL CHUKWUDUMEBI OSEJI, J.C.A. 

This appeal challenges the Ruling of the High Court of Lagos State delivered by HON. JUSTICE C.O SEGUN on the 17th day of November, 1998 in suit No LD/535/90 wherein an interlocutory injunction was granted in favour of the Respondents herein as Defendants in the lower Court and against the 2nd Appellant as the 2nd Plaintiff in the suit.

The Appellants herein had as Plaintiffs in the lower Court filed an action against the Respondents as Defendants wherein they claimed certain reliefs.

On 20th March 1990, the Appellants also filed a motion on notice for an interlocutory injunction restraining the Respondents, his servants, agents, and/or privies from entering upon, remaining/or interfering in any manner with the premises know as 2B Degema Close. G.R.A Apapa pending the hearing and determination of the substantive suit.

In a Ruling delivered by the lower Court, CORAM AKA J. (deceased) after a review of the parties affidavit, counter affidavit and submissions, the Appellants? prayer for interlocutory injunction was granted as prayed and order for

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accelerated hearing of the main suit was also made.

However, six years later and precisely on 11th March 1996 the Respondents herein, as Defendants in the lower Court filed another motion on notice seeking an order of interlocutory injunction against the 2nd Appellant as Plaintiff.
The application was challenged via a counter affidavit. This time around the matter was before HON. JUSTICE C.O SEGUN who in a considered ruling delivered on 17-11-1998 and though acknowledged the existence of a subsisting order of injunction earlier made by AKA J. (deceased) however granted the Respondents application.

The Appellants being dissatisfied with the said Ruling of the lower Court per SEGUN J. filed a Notice of Appeal on the 30-11-1998.

Briefs of argument were subsequently filed and exchanged by the parties pursuant to the relevant Rules of this Court. The said briefs of argument were duly adopted and relied on at the hearing of this appeal on the 3-5-2016.

?The Appellants? brief of argument was dated and filed on 30-6-2014 and deemed properly filed and served on 1-7-14.
The Respondents? brief of argument is dated 20-2-2015 and

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filed on 24-2-2015 but deemed properly filed and served on 12-2-2016.

The Appellants also filed Appellants? reply brief on 17-11-15 but deemed properly filed and served on 12-2-2016.
The hearing of the appeal was however preceded by the moving of the Respondents? Notice of Preliminary Objection filed on 24/2/2015.