(1988) JELR 44587 (CA)    

Court of Appeal  ·  CA/L/197/86 ·  20 Apr 1988 ·  Nigeria
Other Citations
Abdullah v. Gov. of Lagos State (1989) 1 NWLR (Pt.97)
Abdullah v. Gov. of Lagos State (1989) 1 NWLR (Pt. 97) 356
EPHRAIM OMOROSE IBUKUN AKPATA Justice of The Court of Appeal of Nigeria BOLARINWA OYEGOKE BABALAKIN Justice of The Court of Appeal of Nigeria UMARU ATU KALGO Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
interlocutory injunction
concrete wall fence
first appellant
owner of the property
second defendants
1st respondent
first plaintiff
prima facie case
further demolition of the concrete wall fence
high court of lagos state
ikeja division
mulero village
acts of demolition of the wall-fence
case of any attack
concrete wall-fence
consent of the parties
correct application
debris of the demolished concrete wall fence
director of the second plaintiff
drainage of the flood
final determination of the application
following day 1st july
further acts of trespass
general damages
land of the first plaintiff
major cause of the floodings
men of the nigerian police
military governor of lagos state
mr. s. f. odulana
mulero area
necessary passage
order of interlocutory injunction
order of this honourable court
part of the concrete fence
perpetual injunction
principles of law
refusal of an order
said affidavit
said land
sole administrator of the ikeja local government
state government of any loss
status quo
subject-matter of this action
subject matter of this suit
virtue of the environmental sanitation edict

AKPATA, J.C.A. (Delivering the Lead Judgment): This appeal revolves on the correct application of the settled but sometimes intriguing principles of law governing the grant or refusal of an order of interim or interlocutory injunction.

In the High Court of Lagos State, Ikeja Division, the plaintiffs by a writ of summons filed on 30th June, 1986 claimed for N1, 600,000.00 as special and general damages for trespass committed on 13th June, 1986 by the Military Governor of Lagos State and the Commissioner for Works and Transport, the first and second defendants respectively, by their servants or agents. The trespass was said to have been committed on the land of the first plaintiff situate at Mulero Village, Agege. The statement of claim was filed the following day 1st July, 1986. The plaintiff also claimed for a perpetual injunction restraining the defendants by their servants and/or agents from committing further acts of trespass on the said land.

By a motion on notice dated 11th July,…

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