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AFRO-CONTINENTAL NIGERIA LTD.
V.
AYANTUYI

(1995) JELR 43483 (SC)

Supreme Court 12 Dec 1995 Nigeria
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- The plaintiffs commenced action in Ondo State High Court seeking declaratory reliefs and a perpetual injunction to restrain the defendants from trespassing on or unlawfully possessing certain land. They obtained an interlocutory injunctio

Case Details

Suit Number:SC.323/1990
Judges:SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria EMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria YEKINI OLAYIWOLA ADIO Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria
Counsel:Chief G.O.K. Ajayi. SAN (with him. S.A. Afolabi) For Appellant L.O. Fagbemi,A.A. Akindele. Chief Legal Officer, Ministry of Justice, Ondo State For Respondent
Other Citations:Afro-Cont. (Nig.) Ltd. v. Ayantuyi (1995) 9 NWLR (Pt.420)411

KUTIGI, JSC (Delivering the Leading Judgment): The plaintiffs by a Writ of Summons commenced an action against the defendants in Ondo State High Court holden at Ondo seeking for various declaratory reliefs and an order of perpetual injunction to restrain all officers, servants, agents and functionaries of the defendants from trespassing on or unlawfully taking possession of the "'aforesaid land."

The plaintiffs thereafter filed a Motion on Notice praying the court for an order of interim injunction restraining the defendants from ejecting the plaintiffs from the land or disturbing them thereon and generally to maintain the status quo ante pending the determination of the substantive suit. The motion was supported by a 32 paragraph affidavit. The defendants opposed the motion for injunction and filed a 13 paragraph Counter-Affidavit, Para. 6 of the Counter-Affidavit which was sworn to by one Toluwa Olopete read thus -

"'6. That when the Rubber Board Company wound up, the assets disposa…

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