KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Benin Division (lower court) delivered on 25/3/2004 affirming the ex-parte interim orders granted by the High Court of Delta State sitting at Asaba (trial court) on 20/11/2001.
On 20/11/2001, the respondent, as plaintiff at the trial court, took out a writ of summons against the appellant herein as defendant seeking the following reliefs:
(1) A declaration that the defendant having been charged to court in charge No. CMA/250C/2001 pending before the Chief Magistrate Court 1, Asaba, wherein the plaintiff is the substantive complainant must or ought to undergo his trial to conclusion.
(2) A declaration that the defendant having been charged to Court in Charge No. CMA/250C/2001 pending before the Chief Magistrate Court 1, Asaba is not allowed to travel outside the country with the aim of frustrating the criminal trial thereby making it impossi…