The Registered Trustees Of International Secondary School, Orlu & Anor V. Bicoz Oil Company Nigeria Limited & Ors (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

PETER OLABISI IGE, J.C.A. (Delivering the Leading Judgment)

This appeal is against the Ruling of the High Court of Imo State of Nigeria delivered by N.B. UKAOHA, J on 6th day of July, 2011. By their Writ of Summons issued out of he said Court the Appellants as Claimants at the court below are seeking for the following reliefs:

“WHEREFORE, the claimant claim against the defendants as follows:

1. A declaration that the sitting of a Hotel/Brothel and filling station or any high Rise building by the 1st and 2nd defendants at the boundary of the 1st claimant’s institution at Ndiokwu Owerre Ebeiri, Orlu LGA will constitute a blockage the flow of air, inhalation of petroleum substances and debasement of all values, moral and social standing and well being of the 1st claimant and its students and therefore is unlawful, immoral and against public policy.
2. Injunction perpetually restraining the 1st and 2nd defendants from constructing erecting or building any high rise building, Hotel, Brothel and filling station at the boundary of 1st claimant’s college at Ndiokwu Owerre Ebeiri Orlu LGA.
3. Injunction perpetually restraining the 3rd, 4th and 5th defendants from given any approval to the 1st and 2nd defendants for the construction and erection of any Hotel/Brothel, Petrol Filling Station or any other high rise building on the land of the 1st and 2nd defendants that shares boundary with the premises of the 1st claimant’s institution at Ndiokwu Owerre Ebeiri Orlu LGA.”

The 1st and 2nd Defendants filed joint Statement of Defence but the 3rd, 4th, and 5th Defendants/Respondents are yet to file their pleadings.

The Appellants filed an application dated 23rd day of August, 2010 wherein they sought for order of injunction to restrain the 1st and 2nd Respondents from:

“(1) ….Constructing or erecting a Hotel/Brothel or a Petrol filling station on the parcel of land sharing boundary with the 1st Claimant’s institution of learning situate at Ndiokwu Owerre Ebeiri Orlu LGA of Imo State, pending the hearing and determination of the substantive Suit.

(2) Restraining the 3rd to 5th Defendants/Respondents from giving approval to the 1st and 2nd Defendants/Respondents to erect and operate a hotel/brothel and petrol filling station on the 1st and 2nd defendants land sharing boundary with the 1st Claimant’s College at Ndiokwu Owerre Ebeiri Orlu LGA of Imo State pending the hearing and determination of the substantive suit.”

The Appellants filed exparte application along with the above reproduced motion on 25/8/2010 seeking for similar reliefs pending hearing of the Motion on Notice. The Learned Judge then handling the case granted the exparte application for injunction as prayed pending the hearing of Motion on Notice for injunction (pages 26-27 of the Record)

By their application dated 14th day of June, 2011 filed on 15th day of June, 2011, the 1st and 2nd Respondents sought for leave to amend their Joint Statement of Defence in the manner laid out in their Exh. A to the said motion and that 2nd, Defendant be allowed to make further deposition on oath in support of the Defendants proposed amendment thereof.

I believe that for a clear understanding of what the appeal herein entails it is relevant to reproduce fully the lower Court’s proceeding of 6th day of July, 2011 and the undertaking of the 1st and 2nd Defendants at the lower Court. The proceedings read:

“IN THE HIGH COURT OF IMO STATE OF NIGERIA

IN THE HIGH COURT OF OWERRI JUDICIAL DIVISION

HOLDEN AT OWERRI

BEFORE HIS LORDSHIP HON. JUSTICE N.B. UKOHA