OBASI & ORS V. ONWUKA & ORS

• Pages: 981-991

OBASI & ORS V. ONWUKA & ORS



981

that stage of the litigation, was enough to satisfy the court that the appellant was in

Occupation at the time of trespass.

Now, on the material placed before the courts, was the appellant not entitled

to the grant of an interlocutory order? I think it was.

5



Applying the principles governing the grant of interlocutory injunctions enunciated

in

American Cyanamid v. Ethicon Ltd

(1975) A.C. 396 at 407,

Egbe v. Onogun

(1972) 1 All N.L.R. 95 at p.98 and

Kufeji v. Kogbe

(1961) 1 All N.L.R. 113 at 114

to the facts of this case, as set out in the affidavit of John Ede, I am in no doubt

whatsoever that both the Court of Appeal and the trial court were in error to have

10



refused the appellant's prayers.

In the circumstances, I too would allow the appeal. I abide by all the orders

made in the lead judgment of my learned brother, Obaseki, J.S.C. including the

order as to costs.

Appeal allowed.

15

OBASI & ORS V. ONWUKA & ORS

20

1.

UKARIWO OBASI

2.

OKO KALU

(For themselves and as



PLAINTIFFS/

25 representing members of Umuoriri



APPELLANTS

family of Agbo Ezi Ndioriri

Family Compound Umueso Amaeke

Abiriba)

V

30 1. EKE ONWUKA

2. AGO OGWO

3.

OGWO ONWUKA



DEFENDANTS/

4.

OKENWA IKWAN



RESPONDENTS

5.

ARO MBONU

35 6. OKOJI CHUKWU

SUIT NO. SC 14

8

/

1

985

SUPREME COURT OF NIGERIA

OBASEKI,



J.S.C.

NNAMANI,



J.S.C.

40



UWAIS,



J.S.C.

KAZEEM,



J.S.C.

OPUTA,



J.S.C.

9th July, 1987

45

Appeals - Ground of appeal - Ground of appeal on which no algutnent is

presented, deemed abandoned - Fresh evidence on appeal - Duty of appeal

court to consider weight to be attached to new evidence it receives and its

impact on whole case - Reception of fresh exhibit on appeal does not give

rise to allowing appeal.

50

ISSUES:

1. How will an appeal court construe a ground of appeal on which no argument

is presented.