Ratio DecidendiRatio DecidendiRatio Decidendi


(1997) JELR 45433 (CA)    

Court of Appeal  ·  CA/K/225/96 ·  27 Nov 1997 ·  Nigeria
Other Citations
Ahmed v. Dasuki (1998) 1 NWLR (Pt.534)

Ratio Decidendi

Core Terms Beta
trial judge
trial court
balance of convenience
business name
lower court
quo ante
trade name
interlocutory injunction
name of triad associates
order of interlocutory injunction
partnership name of triad associates
status quo
2nd issue
determination of the substantive suit
form of business
leading judgment
learned senior advocate
liabilities of the partnership
partnership agreement
use of the trade name triad associates
attorney-general of the federation
chief judge
copy of the certificate of registration
corresponding need of the defendant
exercise of the court
final order
first relief
general rivers state
general rule
inter alia
interlocutory ruling of the high court of kaduna state
learned trial ag
main issue
names of triad associates
own legal rights
present appellant
purpose of this appeal
refusal of an interlocutory injunction
result of the plaintiffs misconduct
rules of court
senior advocate
senior counsel
submission of the learned senior advocate
submission status quo

OGEBE, J.C.A. (Delivering the Leading Judgment): This appeal arose from the interlocutory ruling of the High Court of Kaduna State restraining the appellant from operating in the partnership name of Triad Associates pending the determination of the substantive suit. The appellant sued the respondent before the lower court with respect to their partnership agreement. The respondent in the statement of defence also counter-claimed. Both sides brought motions for interlocutory injunction.

The relevant motion for the purpose of this appeal is that of the respondent. In that motion he sought in the first relief an order of interlocutory injunction restraining the plaintiff/appellant, the present appellant or any of his servants, agents or privies from carrying on any form of business in the name of Triad Associates pending the hearing and determination of this suit. The trial court heard the motions of both parties and in a joint ruling restrained both sides from their using the names of T…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login