NURUDEEN ADIO BADRU ALHAJI MUKAILA IDOWU ABDUL SHUAIB IGBALAYE (FOR THEMSELVES AND ON BEHALF OF THE PEOPLE OF AKESAN TOWN, ALIMOSHO LOCAL GOVERNMENT AREA OF LAGOSSTATE) V. SAULAAMUSA OLORUNFEMI IDOWU SANUSI OLORUNFEMI MUKADIN ASHIRU OLORUNFEMI ASHIMIYU OSENI OLORUNFEMI YAHAYA SHITTU OLORUNFEMI DAVID AFOLABI OLORUNFEMI ISIAKA SAULA OLORUNFEMI OGUNDELE OSENI OLORUNFEMI (FOR THEMSELVES AND ON BEHALF OF THE ENTIRE OLORUNFEMI FAMILY OF EGAN VILLAGE, ALIMOSHO LOCAL GOVERNMENT AREA OF LAGOS STATE)

DENTON-WEST JCA (Delivering the Lead Judgment): The respondents were the plaintiffs before the High Court of Lagos State whilst the defendants were the appellants who are challenging the ruling of the Lagos State High Court delivered on the 21st day of May, 2004 in respect of plaintiffs/respondents’application for an order of injunction pendingappeal before this court dated 18th day of December, 2003, which was granted in favour of the plaintiffs/respondents. The defendants/appellants therefore appealed. The issues for determination as reflected in the defendants/ appellants’ brief of argument are:

Whether an order for injunction pendingappeal can be granted in favour of the plaintiffs/respondents herein notwithstanding the Supreme Court judgment in suit No. SC/13/93. Whether the High Court ought to grant an injunction pending appeal in respect of a declaratory reliefthat has been dismissed as an abuse of court process. In response to these two issues, the plaintiffs/respondents in t…