CaseLaw
Okotie-Eboh V. Jadesimi (1999) CLR 8(f) (CA)
Brief
Facts
The 1st respondent had sought an order of perpetual injunction restraining the applicants and other defendants from occupying, dealing or interfering with or impeding or disturbing the peaceful and uninterrupted access to and use of No. 1 Milverton Road, Ikoyi, Lagos until the said property becomes properly vested in the 1st respondent.
On an application brought ex-parte by the 1st respondent, the trial court granted an order in the terms sought pending the hearing and final determination of the motion on notice. The applicants were dissatisfied and appealed.
The applicants filed an application to the Court of Appeal praying for an order staying the execution of the order of the trial court, or alternatively, an order staying further proceedings in the trial court pending the determination of the substantive appeal.
The grounds of the application were the 2nd applicant being presently in possession of the property under a subsisting tenancy, the trial court's order granting the 1st respondent peaceful and uninterrupted access to the property whilst the said tenancy is still subsisting is likely to result in a breach of the peace unless the Court of Appeal intervenes, and that the ex-parte order of injunction make by the trial court has prejudicially determined one of the reliefs in the writ of summons.
Issues
Whether the appellants have satisfied the conditions to warrant the grant of...