NIGERIAN JOINT AGENCY LTD V. ARROW ENGINEERING & GENERAL TRANSPORT COMPANY LTD
August 27, 2025G.O. BOYO V. THE STATE
August 27, 2025Legalpedia Citation: (1970) Legalpedia (SC) 66964
In the Supreme Court of Nigeria
HOLDEN AT LAGOS
Fri Nov 6, 1970
Suit Number: SC 112/1970
CORAM
COKER CHIEF JUSTICE, NIGERIA
PARTIES
OLUSEGUN ROTIMI & ORS
APPELLANTS
F.O. MACGREGOR
RESPONDENTS
AREA(S) OF LAW
CIVIL PROCEDURE
SUMMARY OF FACTS
SUMMARY OF FACTS The appellants were the defendants to an action in which the plaintiff, now respondent, had asked for a declaration of title to a property which was not properly described. After the filing of the writ and before an order for pleadings was made, the respondent applied to the High Court for an order for an interim injunction restraining the defendants from further acts of trespass on and damage to the property.
HELD
The Court held that as the precise area of land to be litigated still had to be defined with any degree of precision at the time of the present application, the learned trial judge should not have granted the prayer since the order which was sought can only operate over a well-defined area or parcel of land.
ISSUES
Whether the Judge was wrong to make the order of interim injunction when the identity of the land concerned was not ascertained or established.
RATIONES DECIDENDI
IMPORTANCE OF IDENTIFICATION OF LAND
“There was a need in every case to identify precisely the area of land over which an injunction is to operate. In Oluwi v. Eniola (1967) N.M.L.R. 339, it was decided that an order of injunction was rightly refused inasmuch as the area of land in respect of which it was sought was not precisely defined.”Per COKER, JSC
CASES CITED
Oluwi v. Eniola (1967) N.M.L.R. 339
STATUTES REFERRED TO
None
