OGUNTADE, JCA (Delivering the Lead Ruling): This is an application by the appellants praying for an order of injunction restraining the respondents, their agents, servants or privies from going on the land, the subject matter of the substantive appeal.
The applicants in paragraphs 3 - 25 of the affidavit in support of the application deposed thus: “3. The respondents in this appeal, as plaintiffs in suit No. ID/ 709/84 at the Lagos State High Court, endorsed terms of settlement which were made the judgment of that court - a certified true copy of the judgment was attached to the appellants’ application dated 7/7/99 as Exhibit ROK 3. We have been living and doing business on the land in dispute for several years, well before suit No. ID/709/84 was instituted, and we are still in physical occupation as such. As a result of the above, in the aforesaid judgment, possession of the land in dispute was conceded to the appellants. 6. The respondents subsequently filed suit No. ID/914/97 seek…