AKPATA, JCA (DELIVERING THE LEADING JUDGMENT): There is no hard and fast rule binding on the court in exercising its discretion to grant or refuse an application for an interlocutory injunction. There are however useful guides and principles upon which the court acts. This appeal has raised these guides and principles.
At a meeting of the Board of Directors of International Cigarette Company Ltd. (trading as Philip Morris Nigeria) held at Lausanne, Switzerland on Thursday 16th January, 1986, the question whether one Farid EI Khalil should be appointed as the Company's Managing Director caused a sharp disagreement amongst members of the Board. One group consisting or the Nigerian Directors led by chief G. K. J. Amachree, who was until then the Chairman of the company, appeared implacably resolute against his appointment on the ground that such appointment would infringe the Nigerianisation and Training Policy of the Federal Military Government as contained in the Budget Speech of the Pr…