A. ADEMOLA, CJN Prepared the Leading Judgment and Delivered by I. Lewis, JSC: The appellant in this matter has appealed against the dismissal by the Western State Court of Appeal of his appeal from the decision of the High Court of Ibadan which refused his application for an order for an interlocutory injunction.
The appellant was the plaintiff in an action in the High Court of Ibadan, and in his amended Writ of Summons, claimed "the sum of 1000 being damages from continuing nuisance to the plaintiff's house situate at Chief Agbaje's compound, Ayeye, Ibadan, NW1/333 and to the plaintiff and his household's enjoyment of the said house caused by smell, heat, noise and vibrations from the refrigerating plant installed and operated by the defendant, his servants and agents in the shop on the ground floor of the plaintiff's said house and from the fish market established and carried on by the defendant its servants and agents inside the said shop and in front of the said shop since the 1st…