STEPHEN JONAH ADAH, JSC (Delivering the Leading Judgment): This is an appeal from the Benin Division of the lower Court in Appeal No: CA/B/269/2011, wherein the lower Court allowed the appeal in part. The lower Court held that the trial State High Court has jurisdiction to entertain the suit except for some of the reliefs which the lower Court mentioned as reliefs 4, 6 and 11.
The facts of this case are not much in contention.
The respondents (as plaintiffs) took out a Writ of Summons dated and filed 23rd June, 2008, against the appellants (as defendants). Two Motions supported by identical affidavits, one Ex parte dated and filed 23/6/2008 and the other Motion on Notice was filed alongside the Writ of Summons. And on the next day, 24th June, 2008, the trial Court heard and granted the Motion Ex parte and ordered an interim injunction by which it restrained the appellants from (1) “taking further or any step for the recovering of the disputed loan/interest and (2) restraining 2nd Defend…