SALAWU OKE & ORS. V. MUSILIM LAMIDI AIYEDUN

KAZEEM, J.S.C. (Delivering the Leading Judgment): This is an appeal against the decision of the Court of Appeal at Ibadan dated 31st October, 1983 which affirmed the decision of Craig, Chief Judge of Ogun State dated 31st March, 1980 dismissing the appellants' application to set aside his order for perpetual injunction made on 15th October, 1979. The background to the whole appeal may be stated thus:

The respondent as plaintiff instituted an action in May, 1977 against the appellants, as defendant at the High Court of Justice, Ogun State holden at Abeokuta in the following terms:-

1. "The plaintiff's claim is N800 against the defendants jointly and severally due to the plaintiff and payable by the defendants by building on plaintiff's land and extending it over plaintiffs house at Ilagbe compound, Itoko, Abeokuta in such a way that rain water therefrom damaged the plaintiffs property in the plaintiffs house in 1972 which is still continuing.

2. a perpetual injunction restraining th…