On 9/11/93, the plaintiff filed a motion in the court below seeking the order of that court restraining the 1st defendant respondent from taking possession or exercising any rights over the plaintiff’s property situated at 30 Allen Avenue and 2nd to 3rd respondents from approving or considering the first defendant’s application to be granted a certificate of occupancy in respect of that same property. An awesome 24-paragraph affidavit was sworn by one Abiodun Adeniji, the Managing Director of the Abbey Life and Pensions Consultants Company. The facts to which he duly relied for the prayer are amply stated in the affidavit in support. I shall give a summary of the facts as contained in that deposition. The kernel of the appellant’s case as posited in his affidavit under the reference in his bid to get the injunctive relief can be stated thus. He stated that he bought a place known as 30 Allen Avenue, Ikeja from Mr. A. O. Osinuga after a deed of conveyance and registration of the deed had been done. On the 4th of November, 1994, he saw some sand and gravel piled on the site and on discovery of the identity of the trespasser, he thereupon reported the matter to the police. At the police station, the director of the 1st defendant/respondent company who was arrested informed the police that they bought the property from one Mr. Afolabi Dixon and had in fact applied for certificate of occupancy. Notwithstanding this, the workmen of the 1st defendant continued to work day and night to erect the building. With this state of affairs, he decided to file an action in which the Governor and the Secretary of Land Use Allocation committee are made parties to restrain them from granting a certificate of occupancy to the respondent. In its counter affidavit, the chairman of the 1st defendant/respondents company relied on the strength of the story told him by his predecessors in title to wit Mr. Pius A. Ojo and Madam Layinka Awojobi that the 1st respondents is lawfully vested with the land in dispute. He stated that up till December, 1990, the property was delineated and surveyed and is known as Plot 16A and 16B. He deposed that Abiodun O. Osinuga became seised of the part of Plot 16 of the disputed land known as Plot 16 A and added for emphasis that the proprietary rights, root of title and the geographical area coverage as shown in Government Layout Plan have been adjudicated upon in suit Pius A. Ojo v. Abiodun O. Osinuga and Kafem Consult Ltd. He stated that the plaintiff/appellant was in court throughout the proceedings and did nothing. He said that since 1990 the 1st defendant/1st respondent had been enjoying uninterrupted possession of the land. He denied having entered into any arrest of the Directors of his company and admitted that the company had since 1993 commenced erection of a three stories block and denied having entered into any agreement to sell to anyone. The 1st respondent stated that they had neither applied nor even evinced an intention to apply for a certificate of occupancy. In a reply affidavit, the plaintiff appellant deposed that plot A is known as No. 28 Allen Avenue, Ikeja and he denied that Osinuga conveyed any part or portion of plot 16 or 30 Allen Avenue to Madam Olayinka Awojobi. He denied being aware of the court action and subsequent judgment referred to by the 1st respondent.

Thereafter the court proceeded to hear the motion on notice and, took arguments of counsel on both sides. On the 14th January, 1994, it gave a ruling and discharged its former order. Relying on the principles that the court would normally consider before granting or refusing an application for a prayer of injunction, the court held as follows: