ADZIRA GANA MSHELIA J.C.A (Delivering the Leading Judgment): This is an appeal against the Ruling of the Lagos State High Court delivered by Phillips J. on 17th October, 2003.
The Plaintiff now appellants instituted an action against the defendants now respondents at the court below by filing simultaneously, their writ of summon, statement of claim, a motion for interlocutory injunction supported with an affidavit of urgency, on 8th July, 2002. The motion was entertained by Adebiyi J. on 12th August, 2002 and delivered a considered ruling in favour of the prayer of the appellants, that is to say granting the prayer for interlocutory injunction on 14th August, 2002. The third defendant now third Respondent filed an appeal to this court against the ruling, on 19th August, 2002. At the same time, third Respondent also filed an application praying for a stay of execution or suspension of the ruling pending the determination of his appeal. The motion was assigned to Phillips J. The Appella…