NWEZE JCA (Delivering the Lead Judgment): On January 2007, the Upper Area Court 1, Ilorin, favoured the appellant herein (who was then the plaintiff in that court, but the respondent at the Kwara State High Court Appellate Session, Ilorin Division) with an injunctive order. Dissatisfied with the ruling, the respondent herein (who was the defendant at the UpperArea Court 1, but the appellant at the Kwara State High Appellate Session, Ilorin Division) appealed to the Kwara State High
Appellate Session, Ilorin Division (hereinafter referred to as the lower court).
On 31 January 2008, the lower court allowed the respondent’s appeal and vacated the injunctive order of the Upper Area Court 1. The present appeal challenges the judgment of the lower court which vacated the injunctive order. The appellant formulated two issues for determination.
They are:
(1) Having regard to the provision of section 54 (3) of the Area
Court Law of Kwara State and Order 11, rule 3 of the High Court (Appeals from …