(2000) JELR 44208 (CA)    

Court of Appeal  ·  CA/PH/363/98 ·  16 Feb 2000 ·  Nigeria
Other Citations
Itama v. Osaro-Lai (2000) 1 NWLR (Pt.661)515
Narva Co. (Nig.) Ltd. v. Board of C.E. (2000) 14 NWLR (Pt. 687) 282
Itama v. Osaro-Lai (2000) 6 NWLR (Pt. 661) 515
JAMES OGENYI Justice of The Court of Appeal of Nigeria OGEBE Justice of The Court of Appeal of Nigeria IGNATIUS CHUKWUDI PATS-ACHOLONU Justice of The Court of Appeal of Nigeria MICHAEL EYARUOMA AKPIROROH Justice of The Court of Appeal of Nigeria
Core Terms Beta
determination of the motion
port harcourt
motion ex parte
real urgency
3rd defendant
branch chairman
irreparable damage
order of interim injunction
acting chairman
following cases
grant of interim injunction
honourable court
leading judgment
lower court
national president
national secretary of the nigerian welders association
support of the motion
appointment of the 3rd appellant
basic principles
brother ogebe
chairman of the port harcourt zone
circumstances of real urgency
circumstances of this case
exhibit a1
fact-finding committee
following principles
grant of the order of interim injunction
high court of justice
main argument of the learned counsel
mandatory orders
national executive of the association
national secretary
necessary ingredients
order of an interim injunction
port harcourt zonal office
prima facie view
status quo
stay of the national secretary of the association
such further order
suspension of the first respondent
trial court
trial courts
trial judge ogbunna
way of affidavit evidence
zonal chairman of the said zone c
zone c office

OGEBE, J.C.A. (Delivering the Leading Judgment): On the 15th May, 1997, the Respondents, as Plaintiffs in the High Court of Justice, Port Harcourt brought an action against the Appellants as Defendants seeking for some declaratory reliefs and mandatory orders. The cause of action arose from the suspension of the first Respondent as Chairman of the Port Harcourt Zone of the Nigeria Welders Association by the National Executive of the Association in a meeting held in Kaduna on the 23rd April, 1997 and the appointment of the 3rd Appellant as the Ag. Chairman of the Port Harcourt Zone. The Respondents also sought for a declaration that the stay of the National Secretary of the Association at the Port Harcourt Zonal Office amounted to a usurpation of the powers and duties of the Executive Officers of the Port Harcourt Zone.

At the institution of the suit, the Respondents brought a motion ex parte for all order of an interim injunction against the Appellants pending the determination of the…

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