Whether Court can Grant Perpetual Injunction Where the Title is Proved

CASE TITLE: SALIU V. JEREMIAH & ORS (2026) LPELR-83118 (SC)

JUDGMENT DATE: 30TH JANUARY, 2026

PRACTICE AREA: LAND LAW

LEAD JUDGMENT: JAMILU YAMMAMA TUKUR, J.S.C.

SUMMARY OF JUDGMENT:

INTRODUCTION:

This appeal borders on Land Law.

FACTS:

This is an appeal against the judgment of the Court of Appeal, Ibadan Judicial Division in Appeal No. CA/IB/384/2020, delivered on 12th April 2022, against the Appellant.

The summary of the facts which culminated in this appeal is that the Respondents acting on the belief that they were the owners of the land in dispute, instituted a dispute action before the High Court of Justice, Ogun State.

Following a full trial, the learned trial Judge in a judgment delivered on 27th May 2020, first struck out the 1st to 4th Respondents as Claimants because they had sold the land and therefore divested themselves of interest in the land and subsequently held that the 5th Respondent had proven his entitlement to the claims sought in part.

The Appellants dissatisfied with the trial Court’s judgment, appealed the decision to the Court of Appeal, which in a judgment delivered on 12th April 2022, dismissed the appeal. ​Further dissatisfied with the decision of the Court of Appeal, the Appellant filed the instant appeal.

ISSUES FOR DETERMINATION:

The Court determined the appeal on this sole issue:

Whether the Court of Appeal was right in affirming the decision of the trial Court which granted the Order of perpetual injunction in favour of the 5th Respondent.

DECISION/HELD:

In the final analysis, the appeal was dismissed.

RATIOS:

• EQUITABLE REMEDY- PERPETUAL INJUNCTION: Nature of perpetual injunction and when it will be proper to grant same
• EVIDENCE- BURDEN OF PROOF/STANDARD OF PROOF: Burden and standard of proof in civil cases: how the Court determines balance of probability or preponderance of evidence
• JUDGMENT AND ORDER- ORDER OF INJUNCTION: Meaning and nature of an order of injunction
• LAND LAW- TITLE TO LAND: Whether Court can grant perpetual injunction where title is proved

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