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SURAJUDDEEN M. JIMOH V. SAMSON TUNDE OYINLOYE

(2006) JELR 51209 (CA)

Court of Appeal  •  CA/IL/39/2004  •  5 Jan 2006  •  Nigeria

Coram
ABOYI JOHN IKONGBEH JCA TIJJANI ABDULLAHI JCA

Appearances
A. I. Temim Esq. - for the Appellant. -*- T. O. S. Gbadeyan Esq. - for the Respondent. C

Judgement
<p><strong> MUNTAKA-COOMASSIE JCA (Delivering the Lead Judgment): </strong> The respondent who was the applicant before the lower court filed an application for an interlocutory injunction on the following terms:- “An order of interlocutoryinjunction restrainingthe defendants/ respondents herein, their workers, agents, assigns and privies from further intermeddling with or trespass on the plots of land and the houses thereon covered by customary rights of occupancy No. 31, 32 and 44 either by carrying out the threat of forcible ejection of the plaintiff and his tenants or in any way whatsoever pendingthe hearingand determination of the substantive case before this honourable court.” See page 1 of the record of proceedings. Both parties were heard on the application, and on the 3/6/2003, the learned trial Judge in his ruling granted the application his words:- “Based on the affidavit evidence of the applicant it seems to me that if this application were not granted the damages to the applicant would far o…</p>

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