GALADIMA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of Honponu-Wusu J. of the Lagos State High Court, Lagos Judicial Division delivered on 25th October, 1996 refusing to set aside the ex-parte Order of interim injunction restraining the appellant from allocating altering, leasing, renting, selling or dealing with all the assets and or properties of the estate particularly the property situated and lying at No.2 Lalupon Close, S.W. Ikoyi Lagos pending the determination of the motion on notice dated and filed by the respondent on 20/3/95.
The factual background relevant to this appeal is that the respondent as plaintiff claimed at the lower Court in Suit No. LD/4239/94 as follows:
"1. A declaration that Dr. Godwin Olatunji Balogun and Chief Odutola Balogun are not entitled to be co-administrators to the Estate of late Dr. H.O.O. Salau
2 A declaration that (1) Jareg Olufunmilayo Ekundayo Salau (male) (2) Miss Adetutu Salau (3) Miss Marian Omolara Sala…