CLARA BATA OGUNBIYI JCA. (DELIVERING THE LEADING JUDGMENT): This is an interlocutory appeal against the ruling of the Honourable Justice S. O. Hunponu-Wusu of the High Court of Lagos State, Ikeja Judicial Division. In the said ruling, which was delivered on 10th January, 2002 the learned trial judge refused the application of the appellants for:-
(1) An order of interlocutory injunction restraining the Defendants jointly and severally, their agents, privies, assigns or howsoever from giving effect to the provisions of the Land Use Charge Law No. 11 of 2001 until the determination of the suit and
(2) An order of court referring all questions formulated by the appellants in their originating summons to the Court of Appeal for determination.
Briefly, the genesis of the facts leading to the ruling subject of this appeal dated back to the 2nd August, 2001 when the plaintiffs filed an originating summons at the High Court Registry, Ikeja challenging the validity of the Lagos State Land Use Cha…