Cyprian Ekwomchi & Ors V. Chief S.n. Ukwu & Ors (2001)

LawGlobal-Hub Lead Judgment Report

M.D. MUHAMMAD, J.C.A.

This appeal challenges the lower court’s exercise of its discretionary powers. The appeal is an interlocutory one against the decision of E.C. Ahanonu, J. of the Enugu High Court delivered on 15th July, 1999. Let me restate the brief facts of the case that brought about the appeal.

The respondents before us as plaintiffs filed a suit on 21/11/98 at the lower court against the appellants who then were defendants claiming the following reliefs:-

(i) A declaration that all that parcel of land particularly bounded by the Ayo River, Nyaba River the old Awgu Road and the Federal Science Equipment School Federal Grains Board at Akegbe Ugwu is the subject matter of the appellate court’s judgment of 10/3/52 as delivered by the Assistant District Officer, Udi Division.

(ii) A declaration that the plaintiffs are entitled to the right of occupancy of all that parcel of land stated in prayer 1 herein above.

(iii) An order directing the parties herein to comply with the judgment stated herein above.

(iv) An order of perpetual injunction restraining the defendants from entering the parcel of land stated in prayer 1 of the reliefs herein.

(v) 5 million naira damages against the defendants.

The respondents at the time of filing their suit also sought an ex parte interim order of injunction against appellant in respect of the same piece of land. The respondent were obliged pending the determination of a motion on notice for interlocutory injunction in the same terms as canvassed by the respondents’ ex parte application.

On 30/6/99, the court took arguments in respondent’s application for interlocutory injunction which was earlier filed on 27/11/98 and thereafter in a thirteen page considered ruling, granted the respondents the order so sought. The appellants being dissatisfied have instituted the present appeal.

Parties to this appeal have filed briefs of arguments wherein they formulated issues to determine the appeal.

The appellants’ two issues are:

(i) Whether on the materials placed before the court, the injunction so ordered can be justified?

(ii) Was the trial court’s assessment of the balance of convenience as between the parties done in the proper exercise of the court’s discretion?