CHIEF T. A. ALMAROOF & ANOR V. CHIEF JINADU AWOYEMI & ORS

ADEREMI, J.C.A.(Delivering the Lead Ruling): For a clear understanding of the matter at hand I consider it necessary to preface the delivery of this ruling with the facts precipitating the bringing of the application under consideration. In the court below, by a writ of summons dated 5th May, 1996, the respondents as plaintiffs instituted an action against the appellants as defendants vide Suit No. ID/1397/96. An application for an order of interlocutory injunction restraining the 1st defendant from committing further acts of trespass on the land which is the subject-matter of the suit was later brought on 6th June, 1996. Whilst Suit No.ID/1397/96 96 was pending the same plaintiffs instituted another suit vide Suit No.1012420/96 before the High Court in Ikeja Judicial Division against the same defendants as in ID/1397/96 on the same subject-matter and claiming the same reliefs. Suffice it to say that the defendants in ID/1397/96 had filed an application on 17th July, 1996 challenging …