Facts:

The Appellant filed this application praying the Court of Appeal for an order of interlocutory injunction restraining the Respondents from taking possession of the premises at No. 3 Gerrard Road, Ikoyi, Lagos and a stay of execution of the judgment of the High Court of Lagos State in respect of the award of mesne profits pending the hearing and determination of the appeal filed at the Supreme Court of Nigeria against the ruling of the Court of Appeal delivered on the 7th of July, 2005.

The Appellant/Applicant argued that although the court had earlier refused to grant on injunction, it can still entertain the present application and cited the case of Shodeinde v. Ahmadiyya Movement in Islam (1980) 12 NSCC 70 where it was held that a court that had refused to grant an injunction has the power to grant the same injunction pending appeal and this will not amount to sitting on appeal over its own ruling and referred to Kigo v. Holman Brothers (1980) 12 NSCC 204. It was further argued that the court had to decide whether the res should be preserved pending the determination of the appeal. The main argument of learned Senior Counsel is that the balance of convenience is in favour of the Applicants as the Applicants are entitled to remain in possession until the lease is properly determined.