TOTAL NIGERIA PLC V. VICTORIA ISLAND & IKOYI RESIDENTS ASSOCIATION (VIIRA) AMBASSADOR (DR.) L. A. FABUNMI ALLISON AYIDA MRS. OYE WILLIAMS MRS. P. A. OGUNDIPE ATTORNEY-GENERAL OF LAGOS STATE

ADEREMI, JCA (Delivering the Lead Judgment): This is an appealagainst the ruling of the court below (High Court of Lagos State), granting the first leg of the application dated 29th June, 1999, praying for an order restraining the defendants (the present appellant and the 6th defendant/ respondent), from entering or further entering or digging, excavating or erecting a petrol filling station on the parcel of land situate at Osborne A Road, Ikoyi Lagos, and also an order directing the said defendants to restore the land to the original position it was before the excavation. The second leg of the application was refused. The plaintiffs/respondents had claimed a number of declaratory and injunctive reliefs against the defendant/ appellant.

Being dissatisfied with the said ruling, the 1st defendant/appellant appealed against the said ruling by way of a notice of appeal, dated 2nd August, 1999, with nine grounds of appeal. Distilled therefrom for determination by this court are five issue…