R U L I N G
NOVISI ARYENE JA:
On hearing Plaintiffs’ application for interim injunction, the trial judge by a ruling delivered on 7th April 2022, restrained the parties from carrying out any further development on the disputed land pending the final determination of the suit. The court also ordered that developments on the disputed land, which have reached advanced stage ie. lintel level, could continue. It is this aspect of the ruling which has triggered the instant appeal by the 1st defendant.
In this judgment, Plaintiffs would be referred to as Respondents and the 1st defendant as the Appellant. 2nd Defendant did not enter appearance. By notice of appeal filed on 11th of April 2022, Appellant is praying the portion of the ruling which allowed development of buildings which have reached advanced stage to continue, to be set aside on the following grounds:
i. The judgment is against the weight of affidavit evidence.
ii. The learned trial judge’s decision to allow development on parts of t…