UHUNMWAGHO V. OKOJIE & ANOR,

• Pages: 358-370

358

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NIGERIAN SUPREME COURT CASES

[1989] 3 N.S.C.C.

UHUNMWAGHO V. OKOJIE & ANOR.

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5

OSAYANDE UHUNMWAGHO

V

F. I. OKOJIE

JOSEPH AGHARIAHA

SUPREME COURT OF NIGERIA

NNAMANI,

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J.S.C.

KAWU,

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J.S.C.

BELGORE,

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J.S.C.

NNAEMEKA-AGU, J.S.C.

WALT,

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J.S.C.

8th December, 1989

APPELLANT

RESPONDENTS

SUIT NO. SC 159/1987

10

15

20

Practice and Procedure - Injunctions - Mandalay - Restraining - Enforceability - English

Rules - Applicability.

Words and Phrases - "Order" - Meaning of

25

Interpretation and Construction - Section 63 Sheriff and Civil Process Law Cap. 151 Laws

of Bendel State.

Jurisdiction - Supreme Court - Appeals - Scope of

30

ISSUES:

1.

Whether a restraining order of injunction can be enforced under S.63 of the

Sheriffs and Civil process law Cap. 151 Laws of Bendel State and Order 9 Rule

13 of the judgment enforcement Rules.

2.

When can the rules of English law be applied in Court.

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35

3.

Whether the Supreme Court has jurisdiction to decide an issue for which there

was no cross-appeal from the decision of the Court of Appeal.

FACTS:

This matter was the aftermath of the judgment of the Supreme Court delivered

on the 17th of September, 1982 in which the plaintiff was awarded a declaration of 40

title under Bini Law to the land situate, lying and being at ward 'A' Aikhionbare

Avenue.

After the defendant lost the earlier suit, he claimed that he recovered the purchase

price of the land in issue from the 2nd Respondent and that he handed back the land

to him, the subject matter of this judgment referred to above. These averments were 45

contained in a counter affidavit sworn to by the 1st defendant in answer to an

application made by the plaintiff to the High Court of Benin Praying the Principal

Registrar to issue and serve Form 49 "notice to show cause why order of attachment

should not be made" on the 1st defendant in this suit.

The application became necessary as appellant was of the view that the respon- 50

dents were defying the order of injunction made by the Supreme court in the earlier

suit, following this application the defendant filed an application for an order striking

out and dismissing the application of plaintiff.