KANU & ANOR
V.
OBETA & ORS

(2015) JELR 45738 (CA)    

Court of Appeal  ·  CA/OW/261/2012 ·  5 Feb 2015 ·  Nigeria
CORAM
RAPHAEL CHIKWE AGBO Justice of The Court of Appeal of Nigeria PETER OLABISI IGE Justice of The Court of Appeal of Nigeria FREDERICK O. OHO Justice of The Court of Appeal of Nigeria
Core Terms Beta
court
respondents
counsel
appellants
trial court
aba depot
lower court
affidavit evidence
interim injunction
learned trial judge
counter affidavit
injunctive orders
substantive matter
order of court
pending applications
findings of fact
fresh elections
15th day of april
breach of the said orders of court
declaration of the honourable court
enduring live issue
learned judge
supreme court decision
1st day of april
breach of the court
conduct of the said election
constitution of the petroleum marketers association of nigeria
date of their election
exparte order
grounds of jurisdiction
high court of abia state of nigeria
interim order of court
issue of jurisdiction of the court
issue of the trial court
judge of the lower court
leading judgment
learned judge of the lower court
number issues
order of injunction
orders of the judge of the lower court
respect of a pending motion
said appellants application
stay of execution of the orders
stoppage of the conduct of the election
subsisting court order

FREDERICK O. OHO, J.C.A. (Delivering The Leading Judgment): There are a number issues slated for determination as far as this Appeal is concerned. Chief of these is whether it is proper for the trial Court not to have ordered pleadings after making findings of fact that there were irreconcilable conflicts, contentious and disputed facts which cannot be resolved by affidavit evidence in an action commenced by Originating Summons. There is also the issue of the trial Court not ruling one way or the other in respect of a pending motion for joinder before delivery of its judgment in the substantive matter. In addition to these, what were the available legal options open to this Court when one of the sides to this action was said to have conducted an election pendent lite in breach of the Court's Injunctive Orders.

The Appellants in this case were the Claimants at the trial Court, and they commenced the suit on the 15th day of April, 2010 at the High Court of Abia State of Nigeria, Osisio…

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