(2011) JELR 46060 (CA)    

Court of Appeal  ·  CA/I/71/2002 ·  29 Jun 2011 ·  Nigeria
STANLEY SHENKO ALAGOA Justice of The Court of Appeal of Nigeria SIDI DAUDA BAGE Justice of The Court of Appeal of Nigeria MODUPE FASANMI Justice of The Court of Appeal of Nigeria
Core Terms Beta
osunseni village
learned trial judge
brief of argument
statement of claim
record of appeal
counter affidavit
sides of osunseni village
apata family lands
honourable court
supreme court
respect of the land
specific reference
support of their motion
order of interlocutory injunction
balance of convenience lies
furtherance of paragraph
osunseni family
part of the land
sale of part of our land
use of part
appellants musibua
arguments of counsel
babatola v. aladejana
case of osanyanbi v. sokemu
custom of the land
dispute survey plan
favour of the plaintiffs
following differences
following orders
high court of justice
members of my family
mere fact
necessary factor
notice of appeal
ors v. macgregor
paragraph affidavit
paragraph counter affidavit
personal service
possession of the said land
present respondents
restraining order of interlocutory injunction
sides of osunseni-village

STANLEY SHENKO ALAGOA, J.C.A. (Delivering the Leading Judgment): By a motion on Notice dated the 22nd January 2001 and supported by a 17 paragraph affidavit., the present Respondents as Plaintiffs sought from the High Court of Justice sitting at Ibadan, Nigeria, the following orders .-

"An Order of Interlocutory Injunction restraining the defendants, their servants, agents and privies from digging the land for building purposes, commencing and continuing building operations on the land, digging the land for extraction of sand, leasing and alienating any part of the land in dispute pending the final determination of the substantive suit in this case and for such, further order or other orders as this Honourable court may deem fit to make in the circumstances.

The Appellants as defendants in the court below filed an 18 paragraph counter affidavit on the 26th March 2001. The motion went on to be argued by both Counsel for the parties and in a considered ruling delivered by Jimoh J. on th…

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