This is an interlocutory appeal against the judgment of the Court of Appeal Divi-sion in Jos, consisting of Agbaje, Abdullahi and Macaulay JJ.C.A. on a very narrow point which the parties have litigated from the High Court. The facts of this case leading to this application are very short and straightforward. Appellants, were the Defendants to an action brought by Respondents, by a writ of summons dated 28/10/85. As plaintiffs in the High Court, Makurdi, they were seeking the following:-

"The plaintiffs jointly and severally claim against the defendants jointly and severally...

After the appearance of parties and before issues were joined Respondent/Plain-tiff applied by way of motion for an interim injunction to restrain appellants/defend¬ants, who were the respondents to the motion, "by themselves or through their agents or servants or principals or privies from giving effect to the purported termi¬nation conveyed to the plaintiffs/appellants via letter dated 17th day of October 1985, from the Military Governor of Benue State, of the written agreement dated the 16th day of May, 1985, between the plaintiffs/applicants and the Government of Benue State until the final determination of this suit..................................."

The learned trial judge dismissed the application. He further held that an injunction did not lie against the state. The plaintiff/applicants, now respondents appealed to the court of Appeal which allowed the appeal.