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KUTIGI, JSC (Delivering the Leading Judgment): The plaintiffs by a Writ of Summons commenced an action against the defendants in Ondo State High Court holden at Ondo seeking for various declaratory reliefs and an order of perpetual injunction to restrain all officers, servants, agents and functionaries of the defendants from trespassing on or unlawfully taking possession of the "'aforesaid land."
The plaintiffs thereafter filed a Motion on Notice praying the court for an order of interim injunction restraining the defendants from ejecting the plaintiffs from the land or disturbing them thereon and generally to maintain the status quo ante pending the determination of the substantive suit. The motion was supported by a 32 paragraph affidavit. The defendants opposed the motion for injunction and filed a 13 paragraph Counter-Affidavit, Para. 6 of the Counter-Affidavit which was sworn to by one Toluwa Olopete read thus -
"'6. That when the Rubber Board Company wound up, the assets disposa…