ABDULHAMID
V.
HABIB NIGERIA BANK LIMITED

(2001) JELR 58134 (CA)    
Court of Appeal  ·  CA/K/213/00 ·  24 Jan 2001 ·  Nigeria
CORAM
RABIU DANLAMI MUHAMMAD, JCA MAHMUD MOHAMMED, JCA VICTOR AIMEPOMO OYELEYE OMAGE, JCA

OMAGE, JCA: The appellant is the plaintiff who filed a writ of summons against the respondent and before pleadings were ordered by court filed a motion, ex parte for an interlocutory order for certain reliefs of injunction in the High Court of justice before the Honourable Justice Tani Hassan Yusuf.

The learned trial court deemed it appropriate to hear only the motion on notice not the ex-parte; so on the 2nd June, 2000 ruled that the applicant had admitted that he is owing the respondent a sum of money. There is therefore no serious issue to be determined in the motion and refused to grant the applicant’s prayer for an interlocutory injunction to restrain the respondents from selling the house as prayed. Instead, the court made the following orders thereon:

“The defendants/respondents, directly jointly severally and their agents, servants, privies and any other person whatsoever called A or howsoever related to the defendants/respondents are restrained from selling or attempt to sell …

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