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Adiatu Ladunni v. Oludoyin Adekunle Kukoyi & Ors

(1972) JELR 37023 (SC)

Supreme Court  •  SC.27/70  •  3 Mar 1972  •  Nigeria

Coram
GEORGE SODEINDE SOWEMIMO JSC; GEORGE BAPTIST AYODOLA COKER JSC; ATANDA FATAYI-WILLIAMS JSC;

Judgement

G. B. A. COKER, JSC (DELIVERING THE LEADING JUDGMENT): This appeal raises a point of paramount importance in that it poses in a neat form the considerations which are enjoined upon a court in granting an order of interlocutory injunction with regard to land. The appellant herein was the defendant in the High Court, Lagos and the plaintiffs therein (now respondents) had sued him for a declaration of title to land being and situate at and known as Nos. 150-152, Jemi Alade layout, Idi-Araba, possession of the said land, damages for trespass to the land and an injunction against further acts of trespass.

Before the order for pleadings was applied for or made, the plaintiffs filed a motion asking for "an interim injunction restraining the defendant his servants and/or agents from further trespassing on plot Nos. 150 and 152, Jemi Alade layout, Idi-Araba, Ikeja District, Lagos State, property of the plaintiffs pending the final determination of this suit."

Before the motion was argued, an o…

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