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…