ALHAJI A. ALIYU VS DR. JOHN ADEWUNMI SODIPO
July 4, 2025RICHARD EZEANYA & ORS VS GABRIEL OKEKE & ORS
July 4, 2025Legalpedia Citation: (1995) Legalpedia (SC) 02172
In the Supreme Court of Nigeria
Fri Apr 7, 1995
Suit Number: SC. 73/1993
CORAM
MUHAMMADU LAWAL UWAIS JUSTICE, SUPREME COURT
SALIHU MODIBBO ALFA BELGORE,JUSTICE, SUPREME COURT
EMANUEL OBIOMA OGWUEGBU,JUSTICE, SUPREME COURT
KUD1RAT MOTONMORI OLATOKUNBO KEKERE- EKUN JUSTICE, SUPREME COURT
SYLVESTER UMARU ONU,JUSTICE, SUPREME COURT
PARTIES
SUNDAY ADISA ODUNTAN APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiff( lessee) sought an order of injunction against the defendant (lessor) restraining him from trespassing or otherwise interfering with the plaintiff’s quiet enjoyment of the land or from carrying on the business of purchasing, storing or selling petroleum products thereon the application was granted. The defendant appealed against the ruling and having lost the appeal in the court below, has further appealed to this court. ?
HELD
I hold that the order granting the injunction was made upon a proper exercise of discretion and the court below acted correctly in affirming it. The appeal is accordingly dismissed. The decision of the court below is hereby affirmed. I make no order as to costs.
ISSUES
Whether on the affidavit evidence, the court below was right in affirming the decision of the learned trial Judge that the plaintiff made out a case for the grant of the order pending the determination of the substantive suit.Whether the court below was right in affirming the decision of the trial court which did not extract an undertaking as to damages from the plaintiff.
RATIONES DECIDENDI
BASIS FOR THE GRANT OF INTERLOCUTORY INJUNCTION
A judge in determining such application must be careful and ensure that he does not in the determination of the application, determine the same issues that would arise for determination in the substantive suit. Per OGWUEGBU JSC
BASIS FOR THE GRANT OF INTERLOCUTORY INJUNCTION
The most usual basis for the grant of an interlocutory injunction is the need to protect the applicant by preserving the circumstances which are found to exist at the time of his application until the rights of the parties are able to be finally established by proper procedures. Per OGWUEGBU JSC
CASES CITED
Egbe v. Onogun (1972) All NLR 95 (Reprint); Kufeji v. Kogbe (1961) All NLR 113 (Reprint) Obeya Memorial Specialist Hospital v. Attorney General of the Federation & Or. (1987) 3 NWLR (Pt. 60) 325.Williams v. Dawodu (1988) 4 NWLR (Pt. 87) 189; Akapo v. Hakeem Habeeb & Ors(1992) 6 NWLR (Pt. 247) 266; Egbe v. Onogun (1972) 1 All NLR 95 (Reprint).
STATUTES REFERRED TO
NONE
