(2002) JELR 44552 (CA)    

Court of Appeal  ·  CA/B/263/98 ·  11 Jul 2002 ·  Nigeria
Other Citations
Igbinoba v. Igbinoba (2003) 2 NWLR (Pt. 803)39
Igbinoba v. Igbinoba (2003) 2 NWLR (Pt. 803) 39
RAPHAEL OLUFEMI ROWLAND Justice of The Court of Appeal of Nigeria SAKA ADEYEMI IBIYEYE Justice of The Court of Appeal of Nigeria KUMAI BAYANG AKAAHS Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
ex-parte application
jurisdiction of the court
lower court
support of the motion
civil procedure
high court
proper exercise of judicial discretion
interlocutory injunction
writ of summons
fair hearing
following facts
paragraph affidavit
accompanying affidavit
action of the respondents
assistant chief registrar of the high court
bizarre ex-parte order
court jurisdiction
court of first instance fails
ekiti state
ex-parte injunctions
final order
grant of the interim order
interim basis
interpretation of statutes
irreparable damage
leading judgment
learned trial judge ought
mandatory rules of court
order of court
order of the lower court
rules of edo state
said order
special damages
trial judge
veracity of the applicant

AKAAHS, J.C.A. (Delivering the Leading Judgment): A comedy of errors resulting to the rather bizarre ex-parte order, has been played out in the case leading to this appeal. The substantive action is yet to take off from the ground. Pleadings are yet to be filed, talk less of evidence. The drama all started when the plaintiffs took out a writ of summons against the defendant, claiming the sum of N4,272,333.50k as special damages for the destruction, which the defendant caused to the plaintiffs' properties. Simultaneously, with the issuance of the writ on 26/1/98, the plaintiffs sought and obtained through an ex-parte application an order of the lower court, wherein the defendant was ordered to give security for this appearance to answer and satisfy any judgment that may be delivered against him.

The drawn up order reads as follows:

"... The defendant is ordered to give security for his appearance to answer, and satisfy any judgment that may be passed against him in this suit, in the e…

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