OLUKAYODE ARIWOOLA, J.S.C. (Delivering the leading Judgment): This is an appeal against the judgment of the Court of Appeal, Ilorin Division, hereinafter called the Court below delivered on 10th December, 2002.
Before the trial High Court of Kwara State in the Omu-Aran Judicial Division Holden at Omu-Aran, the appellant herein with three others had commenced an action as plaintiffs against the respondents as defendants by way of originating summons. They had filed a motion exparte with one on Notice on the 4th of May, 2001, along with the originating summons.
The application exparte was taken by the trial court and an interim order of injunction was granted on 10th May, 2001 against the respondents pending the hearing of the motion on notice which was then adjourned to 30th May, 2001.
In the said Notice of Motion, the plaintiffs/applicants had, pending the hearing and determination of the originating summons contemporaneously filed with the motion sought the following reliefs:
(a) An …