YARGATA BYENCHIT NIMPAR, J.C.A. (Delivering the Lead Judgment): This appeal is against the ruling of the High Court of Lagos State, sitting at Ikeja Judicial Division and delivered by HON. JUSTICE Y.A. ADESANYA on the 16th day of October, 2012, in Suit No: ID/1030M/2010. At the proceed of the 16th of October, 2012, the Court below awarded a cost of N20,000.00 against the Appellants and adjourned the suit for further hearing. Dissatisfied with the decision, the Appellants filed a notice of appeal on the 29th of October, 2012, setting out three (3) grounds of appeal.
The facts birthing this appeal are amenable to a brief summary. The suit was commenced via originating summons and a motion on notice for interlocutory injunction. When the matter came up on 16/10/2012, instead of hearing the motion for injunction, the Court and counsel agreed to proceed on substantive issues by taking the originating summons. Due to time constraints and a congested Court schedule on the hearing day, the Cou…