Independent Television/Radio Certainly the Best
Justice P. A. Akhihiero of the Federal High Court in Benin City has granted an Ex-parte Motion retraining some persons namely, Elder J B. Omoma, Elder F. EKHORUTORMWEN, Elder E. Oghodonmwangbe, Mr. Uyi Emwinmwandolor, Matthew Iduoriyekemwen, and Peter Erhinmwinise also known as Ebo stone, their servants, agents and privies from encroaching, bulldozing, selling or leasing the landed property of the claimant, Pastor Osagie Ize-Iyame and I.O farms limited, situated at ward 36/A, Amagba Community, Benin City marked F and B2 in the Applicants’ composite plan dated 19th February, 2020.
Counsel to the defendant, Kingsley Obamogie submitted that it is the trite law that the grant or refusal of an application for interim injunction is at the absolute discretion of the court to be exercised judiciously based on the facts and materials before the court and the affidavit in support of the application.
According to the interim injunction, the land has an area of Eight point Two-One hectares and seven thousand, four hundred and thirty-two square meters, which is attached to the affidavit in support of the motion and marked Exhibit A.
Granting the application of the interim injunction, Justice P. A. Akhihiero restrained the defendants, their servants, agents and privies from meddling with the Claimant’s land in Amagba Community, Oredo Local government area demarcated in the survey plan, pending the hearing and determination of the motion on Notice of the interlocutory injunction.
