(2003) JELR 44926 (CA)    

Court of Appeal  ·  CA/L/136/2002 ·  17 Dec 2003 ·  Nigeria
Other Citations
Adesina v. Arowolo [2004] 6 NWLR (Pt.870)601
JAMES OGENYI OGEBE Justice of The Court of Appeal of Nigeria CHRISTOPHER MITCHELL CHUKWUMA-ENEH Justice of The Court of Appeal of Nigeria ABUBAKAR ABDUL-KADIR JEGA Justice of The Court of Appeal of Nigeria
Core Terms Beta
balance of convenience
learned trial judge
order of interlocutory injunction
disputed land
agricultural purpose
grounds of appeal
adequate remedy
general damages
notice of appeal
trial court
competence of grounds
economic factors
existing structures
interlocutory injunction
lead judgment
reasonable ground of appeal
substantive stage
agricultural purposes
background of the matter
briefs of argument
construction work
court of appeal rules
decision of the ikeja high court
determination of the suit
enough prima facie evidence
exercise of the trial court
facts of this matter
lack access
lagos state
leading judgment
misconception of the present position of the law
notice of preliminary objection
order of perpetual injunction
piggery breeding
prima facie case
rules of this court
said plot of land
sides of the matter
sole issue
statement of claim
statement of claim show
submissions of the learned counsel
want of adequate materials
way of motion

CHRISTOPHER MITCHELL CHUKWUMA-ENEH, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of the Ikeja High Court (Coram A.J, Coker, J.) contained in the ruling delivered on 608 the 11th day of January, 2002 dismissing the plaintiff's (appellant) application for an order of interlocutory injunction.

In both the writ of summons and statement of claim, the plaintiff claimed against the defendants (respondents) jointly and severally a declaration of entitlement to the statutory right of occupancy of plot of land situate and otherwise known as No.2 Dele Ojo Street, New Oko-Oba, Agege, Lagos State; possession of (he land in dispute and an order of perpetual injunction restraining the defendants and their agents, privies and assigns from further trespass upon the said plot of land and the sum of N2,660,00 being both special and general damages for the acts of trespass.

On the 29/11/01 the plaintiff (appellant) by way of motion applied for an interlocutory injunction…

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