<p>ISAIAH OLUFEMI AKEJU, J.C.A. (Delivering the Leading Judgment): The appellant was the defendant in Suit No. A/304/2006 at the Awka division of the High Court of Anambra State. In the course of the Suit, the respondents as plaintiffs filed a motion on Notice on 10/12/2008 for the order restraining the defendant, his servants, agents, workmen and/or privies from further construction or development of the 2 rooms and a parlour bungalow he commenced on the disputed land described as a communal land at Ezibe Obogwu in Eziokpo Obeagu Namkpu Mbaukwu in Awka South Local Government Area of Anambra State.</p><p> The motion was filed with a supporting affidavit of 15 paragraphs as well as written address, and in response thereto the appellant filed a Counter Affidavit on 22/12/2008; also with a written address.</p><p> In his ruling on 2/2/09, the learned trial Judge, Hon. Justice J.C. Iguh granted the application and restrained the defendant (now appellant, his servants agents, workmen and/or privies from fur…</p>