SANKEY, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the Ekiti State High Court, Ado- Ekiti delivered on 4th October 2004, in which the Court refused the plaintiff/appellant's application for an order of interlocutory injunction.
The facts leading to this interlocutory appeal as gleaned from the record of proceedings are briefly that the appellant, (plaintiff at the lower court), is the holder of a certificate of occupancy over a piece of land situate opposite the Government House, G.R.A. in Ado-Ekiti. On the 17th May, 2004, the respondents, (defendants at the lower court), published a notice in the Nigerian Tribune Newspaper which stated that they had revoked all the rights of occupancy in the parcels of land listed in the said notice, which land included the appellant's parcel of land. In addition, by the said notice, the respondents gave notice of their intention to enter into and take possession of the parcels of land immediately. Consequent u…