HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of Nwosu-Iheme J. (as she then was) of the Imo State High Court delivered on 28/7/2005 granting the Respondent's application for interlocutory injunction restraining the Appellant from continuing the erection of a filing station on the land in dispute.
Dissatisfied with the ruling, the Appellant have appealed to this court. The facts that led to this appeal are as follows:
From the affidavits filed by the Respondent, his case is that sometime in 1992 Dr. Nwakanma Okoro (SAN (now late), Chairrnan and Chief Executive Officer and sole owner of NECI Land Development Corporation Ltd. used the land in dispute as a collateral to secure a friendly loan from the Respondent. The said land transaction was by a memorandum dated 19/5/92 Subsequently when the said loan was unpaid the Respondent moved to foreclose the interest of the mortgagor and as a result took out a writ against NECI Land D…