Defendants/respondents revoked the Certificate of Occupancy of the plaintiffs/respondents in respect of two portions of land covering over 5,000 acres situated in Ondo State. They sought various declaratory orders against the revocation coupled with an order of perpetual injunction restraining the defendants/respondents, it's agents, servants or functionaries from trespassing or unlawfully taking possession of the said land.

Plaintiffs/respondents then filed a motion on notice seeking an order of injunction restraining the defendants/respondents from performing certain specified acts on the land in dispute.

The learned trial Judge granted the application as prayed without extracting any undertaking as to damages from the plaintiffs/respondents.

Appellant on appeal stated that the trial Judge was wrong in making an order of injunction without extracting an undertaking as to damages from the plaintiffs/respondents and that the order from the court below should be vacated.