GARBA, J.C.A. (Delivering the Leading Judgment): By the statement of claim dated 27/5/99, the respondents, a
plaintiffs in the court below, claimed declaratory reliefs against the appellant as follows:-
"A. A declaration that the trumpeting, drumming and blaring of loudspeakers by the defendant at the plot known as No.45, Lanre Awolokun Road, Gbagada, Phase II, Gbagada, Lagos State interferes with the plaintiffs right to use and enjoy their properties and therefore constitutes a nuisance.
B. A declaration that the operation of a church and the conduct of church services which may persistently and constantly caused unbearable noise pollution on the residential plot known as No. 45, Lanre Awolokun Road, Gbagada Phase II, Gbagada, Lagos State constitutes a nuisance.
C. A declaration that the conversion of the residential plot known as No.45, Lanre Awolokun Road, Gbagada Phase II, Gbagada, Lagos State to a church by the defendant without the approval of the appropriate authorities and th…