LEGAL PRINCIPLE: EQUITY AND TRUSTS — Equitable Remedies — Injunction May Survive Failure of Declaration of Title Claim
PRINCIPLE STATEMENT
A claim for an injunction is not necessarily to fail after a claim for a declaration of title fails, provided the area of land in respect of which an injunction is sought is clearly defined.
RATIO DECIDENDI (SOURCE)
Per Kutigi, JSC, in Adewole v. Dada (2003) NLC-441997(SC) at p. 5; Paras C–D.
"The law is equally settled that a claim for an injunction is not necessarily to fail after a claim for a declaration of title fails provided the area of the land in respect of which an injunction is sought is clearly defined."
EXPLANATION / SCOPE
Injunction may survive failure of declaration of title. The principle applies to equitable remedies. The land area must be clearly defined. The rule protects possessory rights. The court may grant injunction based on possession. The principle is well-established.
