CORAM
M.E. OGUNDARE – JUSTICE, SUPREME COURT
SOWEMIMO JUSTICE, SUPREME COURT
PARTIES
ALHAJI CHIEF ABDUL MOJID AGBAJE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Appellant claimed damages from the Respondent/defendant for constituting nuisance to the Plaintiffs house and also an injunction restraining the defendant from continuing the said nuisance. The plaintiff also filed a motion for an order for an interim injunction to restrain the defendant from continuing the said nuisance until the action was heard.
HELD
The Appeal was dismissed. The Supreme Court held that the Court of Appeal was wrong in dismissing the appeal before it. The Interim Injunction sought was granted with a total of 90 guineas awarded to the applicant.
ISSUES
Whether the High Court and Court of Appeal were right in dismissing the Appellants Order for Interim Injunction.
RATIONES DECIDENDI
ESSENTIALS FOR AN APPLICATION FOR AN INTERIM INJUCTION
“It is sufficient on an application of interim injunction for the applicant to satisfy the court that there is a substantial issue to be tried at the hearing that he has a strong prima facie case for relief, and it is not fair that he should continue to suffer hardship until that hearing” -Egbe v. Onogun. Per Ademola,CJN
CASES CITED
Egbe v. Onogun S.C. 284/1970 of February 18, 1972.
STATUTES REFERRED TO