CORAM
COKER, JUSTICE, SUPREME COURT
OBASEKE, JUSTICE, SUPREME COURT
SOWEMIMO, JUSTICE, SUPREME COURT
PARTIES
CHIEF YESUFU A. ONIRU OREDUN THOMAS APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The respondent/plaintiff claimed in the lower court the possession of all that piece or parcel of land known as plot No. H.14 at Maroko Village, Lagos. He was then granted an interlocutory injunction against the appellant/defendant restraining them from entering the land in dispute and continuing the building operations already commenced, pending the determination of the suit.
HELD
The Court allowed the appeal and set aside the interlocutory injunction order of the trial judge holding that the plaintiff/respondent, at the material time, had not made out a prima facie case that he was entitled to the rights of violation of which he had complained of in his writ.
ISSUES
Has the plaintiff/respondent in the present case established the first pre-requisite to the application for interlocutory injunction a probability or a strong prima facie case that he is entitled to the rights the violation of which he complains of?
RATIONES DECIDENDI
INTERLOCUTORY INJUNCTION TO MAINTAIN STATUS QUO
In deciding whether the subject matter should be maintained in status quo regard must be had to the balance of convenience and to the extent to which any damage to the plaintiff can be cured by payment of damages rather than by the granting of an injunction. It must be remembered, however, that at all times the burden of proof lies on the applicant. Per Fatai-Williams, JSC
INTERLOCUTORY INJUNCTION
In our view, an application for an interlocutory injunction is not granted as a matter of course. The applicant must establish a probability or a strong prima facie case that he is entitled to the right of the violation of which he complains and, subject to that being established, the governing consideration is the maintenance of the status quo pending the trial. Per Fatai-Williams, JSC
REQUIREMENT FOR CLAIM OF TRESPASS
Since trespass is an injury to a possessory right, the proper plaintiff in an action of trespass to land is the person who was or who is deemed to have been in lawful possession at the time of the trespass. Per Fatai-Williams, JSC
CASES CITED
Donmar Productions Ltd. v. Bart and Ors (1967) 1 W.L.R. 740 at p. 742
STATUTES REFERRED TO