LAND LAW — Injunction — Declaration of Title as Condition Precedent
Principle Statement
It must always be remembered that a court, at the end of a successful prosecution of a land matter and where there is a claim for an order of injunction; a court which has granted a prayer for declaration of title, will readily grant an order of injunction to prevent multiplicity of suits or to prevent irreparable damage, or injury or irremediable mischief. In this case, as I have pointed out, the court below has rightly refused to grant the relief for declaration of title. It is therefore not proper to order an injunction against the defendant/cross-appellant and his agents.
Ratio Decidendi (Source)
Per Aderemi, JSC, in Akinduro v. Alaya (2007) NLC-123-296-2002(SC) at p. 13; Paras A–C.
"It must always be remembered that a court, at the end of a successful prosecution of a land matter and where there is a claim for an order of injunction; a court which has granted a prayer for declaration of title, will readily grant an order of injunction to prevent multiplicity of suits or to prevent irreparable damage, or injury or irremediable mischief. In this case, as I have pointed out, the court below has rightly refused to grant the relief for declaration of title. It is therefore not proper to order an injunction against the defendant/cross-appellant and his agents."
Explanation / Scope
This principle establishes that a declaration of title is a condition precedent to granting an injunction in land matters. Where the court refuses to grant a declaration of title, it cannot grant an injunction. The court will readily grant an injunction where title is established, to prevent multiplicity of suits or irreparable damage. However, without a declaration of title, there is no basis for injunctive relief. The principle ensures consistency in land law remedies. It applies where both declaration and injunction are sought. The court must first determine title before considering injunction. The principle prevents courts from granting ancillary relief without establishing the primary right.
