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Applicant met the mandatory three conditions for temporary injunction; application uncontested; injunction granted to restrain sale pending main case.
Source excerpt
The sale of the land by the second defendant to the first defendant was unlawful and invalid as the second plaintiff had fully repaid the loan. The first defendant's entry onto the first plaintiff's land constituted trespass, as the land had been lawfully sold to the first plaintiff before the loan agreement. The plaintiffs are the lawful owners of their respective plots.
Source excerpt
The trial court's failure to conduct an exparte hearing before granting leave to present a third party notice and omission to give directions after third party defence constituted fatal breaches of mandatory procedural requirements under Order 1 rules 14 and 18 of the Civil Procedure Code, vitiating the entire proceedings.
Source excerpt
The Court of Appeal allowed the appeal over a disputed house transfer, holding the record did not disprove fraud and the house belonged to Mohamed Swalebo.
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