The Owerri Municipal Council & Ors. V. Innocent Onuoha & Ors. (2009)

LawGlobal-Hub Lead Judgment Report

SULEIMAN GALADIMA, J.C.A.

This appeal is against the decisions of Hon. Justice F.I. DUROHA-IGWE of Imo State High Court, dated 14th March, 2002 in suit No. HOW/48/2000. The trial court granted an order of interlocutory injunction against the Appellants in favour of the 1″ set of Respondents, who were the plaintiffs. The court also extended time to them to file their pleadings out of time. The subject matter of the suit in the trial court is contractor financed market shops constructed by the Appellants. The claim of the plaintiffs was as follows:

“1. A declaration of court that it is wrong for the Respondents to seek to demolish, dismantle or, reconstruct, the stalls, stores in the New Market Motor Park without any specific arrangement with the Allottees or provision for them upon completion of the new stores and without any arrangement for alternative accommodation.

2. An order of court restraining the defendants from evicting the plaintiffs or commencing any stores construction work at the New Market Motor Park or reconstructing the stores or converting the stores into storied buildings without any agreement retaining all the Allottees in their old stores.”

The nature of the orders of the learned trial Judge after the order of injunction, were as follows:

“1. That the Plaintiffs/Applicants must file their statement of claim in his suit and serve same on the Respondents on or before the 21st of March, 2002.

2. That this substantive suit when filed will be given accelerated hearing.”

The court then adjourned the case to the 15th of May, 2002 for motions on joinder.

It is against these orders of the trial court that the Appellants felt aggrieved and appealed to this court on five grounds.

Learned counsel for the respective parties, in compliance with the practice and procedure prescribed by the Rules of this court filed and exchanged their Briefs of argument. The Appellants brief dated 6/10/2002 was filed on 21/10/2002. Pursuant to the motions brought by the two sets of Respondents for extension of time to file their Briefs, time was extended for them to file their Briefs. The 1st set of Respondents brief dated 12/8/2003 was deemed filed on 23/5/2006. The 2nd set Respondents brief dated 9/1/2006 and filed 18/112006 was deemed filed on that date.

On 27/1/2009 this appeal was heard. Learned counsel for the Appellants, P.E. CHIMA Esq., adopted and relied on the Appellants’ brief of argument dated 6/10/2002 and filed on 21/10/2002 as his submissions and arguments in support of the Appeal. He urged the court to allow the appeal; set aside the orders made by the trial court; and transfer the substantive suit for trial by another judge of the High court of Imo State. F.C. DIKE Esq. who appeared for the 1st set of Respondent’s also adopted their brief of argument filed on 23/5/2006 as his submissions in response to the appeal. The 2nd set of Respondents’ brief was adopted and relied by their counsel, I.K. UDEOZOR Esq. He also urged the court to dismiss the appeal in part, but urged this court to sustain the order of the trial court, extending time to the Respondents to file their statement of claim.

In the Appellants’ brief of argument Two Issues were formulated and presented for determination in the appeal as follows: ”

“(i) whether the trial court was right to have granted interlocutory injunction to the plaintiffs on the entire circumstances of that application?

(ii) whether the trial court was right to have extended time for the plaintiffs to file their statement of claim without any application for same and in all the circumstances of this case?”

On his part learned counsel for the 1st Respondents adopted the two issues formulated by the Appellants but summarized them as follows:

“(i) whether the court was correct in granting the application for interlocutory injunction.