(2003) JELR 44835 (CA)    

Court of Appeal  ·  CA/L/245/98 ·  23 Jan 2003 ·  Nigeria
Other Citations
Udensi v. Odusote [2003] 6 NWLR (Pt.817)545
SAKA ADEYEMI IBIYEYE Justice of The Court of Appeal of Nigeria PIUS OLAYIWOLA ADEREMI Justice of The Court of Appeal of Nigeria CHRISTOPHER MITCHEL CHUKWUMA-ENEH Justice of The Court of Appeal of Nigeria
Core Terms Beta
lagos state high court
order of interim injunction
learned counsel
decision of the trial court
issue of exercise of discretionary power
suo motu
learned trial judge
exercise of discretion
facts of the case
only issue
motu grant
lower court
trial court
interlocutory injunction
order of injunction
following issue
status quo
such exercise
9th march
point suo motu
1st day of august
completed building
perpetual injunction
further acts of trespass
court raise
following reasons
order of the trial court
preservative order of status quo
final determination of this case
third adjourned date
m. i. aigoro
high court
absence of appellant
grounds of appeal
order suo motu
christopher mitchel chukwuma-eneh
recognised attribute of a good advocate
judicious exercise of discretion
i. c. ubosi
following reliefs
attitude of the appellate court
saka adeyemi ibiyeye
bona fide

SAKA ADEYEMI IBIYEYE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the order of interim injunction made by Oduneye, J. of the Lagos State High Court on the 9th March, 1998.

The facts of the case are briefly as follows; the plaintiffs (now respondents) took out a writ of summons against the defendant (now appellant). In the attendant statement of claim which was subsequently amended, the plaintiffs in paragraph 22 of that amended statement of claim sought the following reliefs:

"1. N100,000.00 damages for trespass committed by the defendant on or about 1st day of August, 1997 on the plaintiffs' land at Adebayo Mokuolu Street, Anthony Village off Ikorodu Road covered by conveyance dated 24th May, 1976 registered as No. 86 at page 86 in Volume 1561 and conveyance dated 22nd June, 1976 and registered as No. 64 at page 64 in Volume 1569 all in the Lands Registry in Lagos.

2. A perpetual injunction restraining the defendant, his agents, servants and privies from comm…

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