ROTIMI & ORS
V.
MACGREGOR

(1970) JELR 45910 (SC)    

Supreme Court  ·  SC.112/1970 ·  6 Nov 1970 ·  Nigeria
 · 
Other Citations
(1970) All N.L.R 320
CORAM
GEORGE BAPTIST AYODOLA COKER Justice of The Supreme Court of Nigeria IAN LEWIS Justice of The Supreme Court of Nigeria GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria
Core Terms Beta
plaintiff
order
learned trial judge
defendants
affidavit
anifowoshe village
appeal
high court
interim injunction
parcel of land
respondent
application
case
course
plan of the land
said land
19th may
20th april
behalf of the appellants
building plans
copy of the said statement of claim
court order
degree of precision
detailed ruling
exhibits
filing of the writ
following passages
instant case
interlocutory injunction
judge
lagos state
leading judgment
lower degree of identification
mistaken view of the legal position
orderly manner
order of interim injunction
particulars of prima facie title
perpetual injunction
pile of concrete cement blocks
precise area of dispute
present appellants
present case
refusal of order of interim injunction
relevant sections
rules of this court
statement of claim
status quo
time of the present application

COKER, J.S.C. (Delivering the Leading Judgment):-This is a matter in which, owing to its peculiar circumstances, we acceded to the request to dispense with compliance with the rules of this Court and heard the appeal on the papers before us. These papers were agreed by the parties and they comprise the entire records relevant for the determination of the issues involved. The present appellants were the defendants to an action in which the plaintiff, now respondent before us, had asked for a declaration of title to "that piece or parcel of land situate, lying and being at Anifowoshe Village, Ikeja, Lagos State described in the plan to be filed in this suit". The writ also contains endorsements for claims for damages in trespass and a perpetual injunction. Some time after the filing of the writ and before an order for pleadings was made, the respondent applied to the High Court for "an order for an interim injunction restraining the defendants by themselves, their servants and/or agents…

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