THE REGISTERED TRUSTEES OF THE CHRIST APOSTOLIC CHURCH OF NIGERIA ELDER OLUWADARE DADA V. ALHAJI SADIKU OBA OLADIMEJI (JOINED BY THE COURT)

ONNOGHEN, JCA (Delivering the Lead Judgment): This is an appeal against the ruling of Hon. Justice D. F. Babalola of Ekiti State High Court, delivered on 29th November, 1999 in suit No. HAD/18/95 in which he joined the intervener, the 2nd respondent in this appeal as a 2nd defendant in the substantive action. The facts of the case include the following: Sometime in May 1995, the plaintiffs caused a writ of summons to be issued on the 1st defendant in which they claimed as follows:

“(a) the sum of a Million Naira (₦1,000,000.00) general damages for trespass committed and still being committed by defendant on plaintiff’s land at community centre, Ado-Ekiti.

(b) a perpetual injunction restraining the defendant, his servants, privies and agents from committing any further or other acts of trespass on the said land.”

See the statement of claim at pages 4 to 6 of the record. The plaintiffs also filed a motion for interlocutory injunction praying the court for an order restraining the 1st …