In Brief
This civil appeal concerned whether the High Court correctly amended or struck out issues in a suit for injunction relating to how property rights flowed from a partition deed and land measurement. The Court held that while possession is a prime consideration in injunction suits, each case must be assessed on its individual merits considering the nature of pleadings and the parties' trial understanding. Where defendants raised relevant averments about property devolution through the deed and measurement, the High Court erred in removing these issues. The lower appellate court's approach to set aside and remand was appropriate. The appeal was allowed.
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