Fuji musician, Wasiu Ayinde, popularly known as K1 De Ultimate (KWAM1), has withdrawn suit filed before an Ogun State High Court in Ijebu-Ode, seeking interlocutory injunction to stop the installation process of the next Awujale of Ijebuland.
The Fuji musician filed a Notice of Discontinuance before the Court dated December 22, 2025, following correspondence from the Chairman of the Ijebu-Ode Local Government Area.
Ayinde prayed the Court to record the discontinuance of the suit and make orders as it deems fit.
Justice A. A Omoniyi of Court 3 in Ijebu-Ode Judicial Division, had on Monday refused to grant the motion ex parte brought before it, seeking an interim order to stop the process on the installation of the new Awujale of Ijebuland.
Omoniyi, in his ruling, said the Court does not think an interim order can be granted pending the determination of the substantive suit, relying on Seven Up v. Abiola and City Express v. LASG.
The Court relied on Supreme Court precedent that interim applications must be filed alongside motions on notice.
The Court noted that the applicant has not filed a motion on notice and refers to Order 39 Rule 2, which states that the court must not grant an order ex parte unless there is a motion for injunction.
He said, “Where a procedure is laid down for making an order, that’s the only way to get the order. It is fatal to an application for an interim order to not file a motion on notice.
“Additionally, there’s no undertaking as to damages, which, in a plethora of cases, has been held to be absolutely vital.
“The application fails and is refused. “
The Notice of Discontinuance signed by Dr Wahab Shittu SAN on behalf of the applicant reads this:
“Notice that the Claimnant /Applicant herein wholly discontinuance the above suit against the Defendant/Respondent pursuant to Order 23 ( or relevant Order) of the High Court of Ogun State(Civil Procedure) Rules 2024 and under the inherent jurisdiction of this Honourable Court.
“Reasons for Discontinuance:
“The Applicant filed this Suit following correspondence from the 2nd Respondent herein 2nd December,2025, which correspondences have been withdrawn.
“The Applicant respectfully prays that the Honourable Court to record the discontinuance of this Suit and make orders as it deems fit.”
