(2014) JELR 46230 (CA)    

Court of Appeal  ·  CA/I/90/2010 ·  5 Dec 2014 ·  Nigeria
HARUNA SIMON TSAMMANI Justice of The Court of Appeal of Nigeria OBIETONBARA DANIEL-KALIO Justice of The Court of Appeal of Nigeria MUDASHIRU NASIRU ONIYANGI Justice of The Court of Appeal of Nigeria
Core Terms Beta
lower court
nwlr part
interlocutory injunction
order of interlocutory injunction
affidavit evidence
learned trial judge
status quo
appellate court
further affidavit
lone issue
ruling of the lower court
determination of the suit
lower court ought
sum of n25
affidavit of urgency
appellant claiming
appellant learned counsel
consent of the respondents
court exercise
detriment of the respondents
exercise of the judicial discretion of the court
final analysis
good thing
governor of oyo state
granting of an order of interlocutory injunction
grant of an order of interlocutory injunction
haruna simon tsammani
high court no.
honourable court
interlocutory appeal
irreparable damage
learned counsel
olusina osunlakin
parcel of land
particulars of grounds
part of the plaintiffs
relevant case law
said suit no.i.486
sitting of this court
submitted ought
unskilled workers

OBIETONBARA DANIEL-KALIO, J.C.A. (Delivering the Leading Judgment): This appeal is over the Ruling of the lower court in an application for an order of interlocutory injunction. In the substantive matter, the respondents in this interlocutory appeal had sued the appellant claiming against the appellant the sum of N25 million as damages for wrongfully entering a parcel of land at Ikija Village Idi Ayunre Ibadan without the knowledge and/or consent of the respondents. The respondents also sought an injunction restraining the appellant, its agents, servants or privies from continuing with the trespass to the land and from carrying on any work on the land to the detriment of the respondents. The respondents' suit against the appellant was filed on 12/7/06.

Not prepared to wait for the conclusion of the matter before getting a relief, the respondents on 16/1/2007 filed a motion on notice dated 10/1/2007 seeking an order of interlocutory injunction to restrain the appellant, its agents, ser…

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