INCORPORATED TRUSTEES OF INNERCITY MISSION FOR CHILDREN V. MR. PAUL ROY AUDU & 4 ORS

EBIOWEI TOBI, J.C.A. (DELIVERING THE LEADING JUDGMENT): This appeal is against the ruling of the Ogun State High Court of Justice, Abeokuta Judicial Division, delivered on Monday, 1st July 2024 by Honourable Justice B. B. Adebowale, wherein the learned trial Judge granted the application of the 1st Respondent, who is claimant in the main suit in the lower Court. The application is for a mandatory injunction directing the demolition, removal and pulling down of the fence erected by the Appellant’s, the 1st Defendant in the lower Court and also dismissed the Appellant’s Notice of Preliminary Objection challenging the competence and service of the Writ of Summons. The said motion was filed on 18/10/2023 which is the subject matter of this appeal, the main prayer is for mandatory injunction. I reproduce the prayers. 

1. AN ORDER of Mandatory Injunction directing the officials of the 4th and 5th Defendants/Respondents (in the presence of the Divisional Police Officer, D.P.O. Ibafo Police Stati…