Yakubu Iyanda V. Saidu Amori (2006)

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ABDULLAHI, J.C. A.

This is an appeal against the ruling of the High Court of Justice, Kwara State, delivered by A. D. Bamigbola, J. on 22nd February, 2005, granting an order of injunction against the appellant herein pending hearing and determination of the respondent’s appeal pending in this court.

By motion on notice dated and filed on 15/11/2004, the applicant, who is respondent in the present appeal, prayed for the following orders:-

“1. An order of interlocutory injunction restraining the respondent, his servants, agents and/or any persons deriving authority from him from demolishing, tampering with, trespassing on, dealing with or interfering with the appellant’s buildings and/or or structures in any manner what so ever having the effect of prejudicing or adversely affecting the rights and interest of the applicant in the buildings and/or structures situate, lying and being at Ile Abondo, Oloje, Ilorin, Kwara State pending the hearing and final determination of the appeal to the court of appeal lodged on the 15th day of November, 2004.

2. And for such further order or other orders as this Honourable Court may deem fit to make in the circumstance of this case”

The facts of the case as can be gleaned from the record are that, the respondent herein as plaintiff before the trial Upper Area Court filed an action against the appellant herein as the defendant claiming the following reliefs:

“1. A declaration that the consent judgments dated 24th July, 2001 and given by this Honourable Court in suit No. CVF/78/93: Yakubu Iyanda v. Mallam Saidu Amori, and 10 others, were given under a misrepresentation and a mistake of facts and is therefore a nullity.

2. A consequential order setting aside the consent judgment dated 24th July, 2001”

The trial Upper Area Court did not find merit in the respondent/plaintiff’s case and accordingly dismissed same. The respondent was not happy with the decision of the Upper Area Court and expressed so by appealing to the High Court of Justice, Kwara State, in its appellate jurisdiction for a reversal of the trial Upper Area Court’s judgment.

The High Court in its appellate jurisdiction, on 19/10/2004, also affirmed the decision of the Upper Area Court. The respondent aggrieved with the said decision appealed to this court and filed an application for interlocutory injunction pending the determination of his appeal by this court in the court below.

In a considered ruling delivered on 22/02/2005, by A. O. Bamigbola, J, the application for interlocutory injunction was granted. The learned trial Judge who heard the application stated thus:-

“I have carefully considered the totality of the case, I am of the considered opinion that the applicant’s application substantially complied with the aforesaid principles guiding the grant of injunction pending appeal.

I find merit in the application.

It is anti (sic) hereby granted as prayed”

It is against the ruling of the lower court stated supra that appellant/respondent filed a notice of appeal consisting of four grounds in which he seeks the following relief:-

“This Honourable Court is urged to allow the appeal in its entirety and a fortiori set aside the ruling delivered by Honourable Justice A. O. Bamigbola delivered on the 22nd day of February, 2005”