CHIMA CENTUS NWEZE JCA (DELIVERING THE LEADING JUDGMENT): At the High Court of Lagos State, the respondent in this appeal, [as Claimant], took out a Writ of Summons accompanied by a Statement of Claim, both dated October 4, 2010, in which he sought, inter alia, declaratory and injunctive reliefs against the appellants (as defendants). On the same day, he beseeched the court (hereinafter referred to as the lower court) with an application for:
An order of interlocutory injunction, restraining the defendant quia timet, from doing whether by himself (sic) or by his (sic) agents or servants or otherwise howsoever, from commencing with the construction of the proposed 14 storey building and 5 level car park on the premises known and situate at No 142 Ahmadu Bello Way, Victoria Island, Lagos, and also known as Plot 141 Elias Close, Victoria Island, Lagos, pending the determination of the suit.
Like Oliver Twist in Charles Dickens' favourite novel, the following day, October 5, 2010, the res…