IFEKWE & ORS
V.
MADU

(2000) JELR 44091 (CA)    

Court of Appeal  ·  CA/C/50M/99 ·  11 Jul 2000 ·  Nigeria
 · 
Other Citations
Ifekwe v. Madu (2000) 14 NWLR (Pt.688)459
CORAM
DENNIS ONYEJIFE EDOZIE Justice of The Court of Appeal of Nigeria OKWUCHUKWU OPENE Justice of The Court of Appeal of Nigeria SIMEON OSUJI EKPE Justice of The Court of Appeal of Nigeria
Core Terms Beta
respondent
representative capacity
appellants
cross river state branch
rules
allied matters act
issues
learned trial judge
high court
judicial review
named plaintiff
caterers association of nigeria
lower court
private office
trial court
honourable court
leading judgment
learned counsel
registered body
represented party
sub-section
combined effects of the provisions of section
following cases
high court of cross river state
interlocutory injunction
issue of competence of a representative action
leave of court
order of injunction
behalf of master bakers
behalf of members of an association
briefs of argument
cause of action
competence of the entire action
determination of this appeal
determination of this application
facts of the case
high court civil procedure rules
interim order
leave of the court show
living person
members of the state executive council of the association
respect of issue no.1
substance of this case
substantial points of law
substratum of the action
such failure
such issue raises
support of the motion ex parte

OPENE, J.C.A. (Delivering the Leading Judgment): The pith and substance of this case is that on the 8th day of October, 1996, the respondent in the High Court of Cross River State holden at Calabar for himself and on behalf of Master Bakers and Caterers Association of Nigeria, Cross River State Branch obtained leave to apply for an order of injunction to restrain the appellants from acting as members of the State Executive Council of the Master Bakers and Caterers Association of Nigeria, Cross River State Branch.

The respondent on the same day filed a motion on notice and also a motion ex parte. The motion ex parte at page 5 of the records reads:-

Motion ex parte:

Pursuant to Order 43 Rules 1 and 3 of the High Court Civil Procedure Rules, Cross River State

Take Notice that this Honourable Court will be moved on........... the..........day of...........1996 at 9 O'clock in the forenoon or so soon thereafter as counsel for the applicant may be heard praying this Honourable Court for:- …

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