CORAM

M.L. UWAIS

M.L. UWAIS, CHIEF JUSTICE, NIGERIA

U. MOHAMMED

PARTIES

SUNDAY ADISA ODUNTAN APPELLANTS

GENERAL OIL LIMITED 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

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|

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