ABOYEJI & ANOR
V.
ATOYEBI & ORS

(2018) JELR 38837 (CA)

Court of Appeal · CA/IL/M.31/2013 · 10 Jul 2018 · Nigeria

CORAM

MOJEED ADEKUNLE OWOADE Justice of The Court of Appeal of Nigeria CHIDI NWAOMA UWA Justice of The Court of Appeal of Nigeria HAMMA AKAWU BARKA Justice of The Court of Appeal of Nigeria

Core Terms ^Beta

lower court

appellants

interlocutory injunction

counter affidavit

senior counsel

affidavit of urgency

respondents application

further affidavit

motion exparte

suit no kws

omu-aran high court

subject matter

substantive suit

character of the land

grant of the application

honourable court

kwara state

learned counsel

paragraph affidavit

rules of this court

support of the application

supreme court

vacant portion of the land

advantage of the judges vacation

appellants brief of argument

brief oral arguments

circumstance of this application

counsel claim of the defendant

expanse of land

exparte application

given case

grant of this application

hearing of the motion

history of the present case

interest of peace

issue of apprehension of threat

judges vacation

opportunity of the courts vacation

order of this court

part of the land

point of law

present appeal

respect of a case

ruling of m. a. afolayan of the kwara state high court

serious breach of the peace

submission of the learned counsel

trial stage

u.a.c omu-aran

vacant portion of the land subject of dispute

whole of iji-isin

HAMMA AKAWU BARKA, J.C.A. (Delivering the Leading Judgment): This Appeal is against the ruling of M. A. Afolayan of the Kwara State High Court sitting in Ilorin; in which the respondents application for injunctive reliefs were granted.

The history of the present case appears straight forward. It is as captured by the lower Court in its ruling of the 12th of October, 2012. For a proper understanding of the situation, I reproduce the series of events that led to the present appeal, as captured by the lower Court thus:

A motion exparte was filed and assigned to this Court during the judges vacation. The motion exparte was accompanied by an affidavit of urgency and a motion on notice. Both the motion exparte and motion on notion are in respect of a case already pending before the Omu-Aran High Court with suit No KWS/OM/8/2011.

This application is given a new suit No KWS/82M/2012. The exparte application and motion on notice were asking for the following reliefs:

An order of this Court restrai…

ABOYEJI & ANOR V. ATOYEBI & ORS

ABOYEJI & ANOR
V.
ATOYEBI & ORS