CHIDI NWAOMA UWA, JCA (Delivered the Leading Judgment): This appeal is against the Ruling of the High Court sitting at Ado-Ekiti, Ekiti State delivered by C. I. Akintayo, J. on the 10th day of August, 2007.
The Respondent herein was the Plaintiff in the trial court vide a writ of summons filed in 2004 in Suit No, HAD/3/2004 in which the claims against the Appellant as Defendant was for an order of perpetual injunction restraining the Defendant from encroaching into a parcel of land lying at Oke-Efon Iworoko Road, Ado-Ekiti.
The Appellant as Defendant counter claimed against the plaintiff and sought for an order of perpetual injunction in respect of the said parcel of land.
The parties each filed an application for an order of interlocutory injunction restraining each other, agents, assigns or privies from entering or doing anything on the land in dispute pending the determination of the substantive matter. In the Ruling delivered on the 2nd day of December, 2004, his Lordship A. S. …