LOOK ENGINE PARTS LTD & ORS
V.
ECOBANK NIGERIA PLC & ORS

(2014) JELR 40164 (CA)

Court of Appeal · CA/L/693/2011 · 21 Mar 2014 · Nigeria

CORAM

SIDI DAUDA BAGE Justice of The Court of Appeal of Nigeria JOSEPH SHAGBAOR IKYEGH Justice of The Court of Appeal of Nigeria RITA NOSAKHARE PEMU Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms ^Beta

court

1st respondent

appellants

fundamental rights

enforcement procedure

learned trial judge

trial court

2nd respondent

applicants

3rd respondents

honourable court

case of the appellants

jurisdiction of the court

1st respondents

3rd applicants

alleged breach

paragraph counter-affidavit

real threat

sidi dauda bage

support of this position

2nd applicants

anticipated breach of the appellants

anticipated breach of the applicants

decision of the 1st respondent

enforcement procedurel rules

following terms

fundamental right

fundamental right enforcement procedure rules

further counter-affidavit

government of gongola state

grant of leave

grave violation of the constitutional rights of the applicants

honourable justice b. i. molokwu

judgment of the federal high court lagos

leading judgment

main cause

nwlr pt

order of perpetual injunction

paras b

promptings of the 1st respondent

purview of claims

reason of the failure of the applicants

requirement of the fundamental right

ruling of the learned trial judge

threatened arrest

time file

workers of the 1st applicants

SIDI DAUDA BAGE, JCA (Delivering The Leading Judgment): The Appellants herein lodged this appeal against the judgment of the Federal High Court Lagos, presided over by the Honourable Justice B. I. Molokwu sitting at Lagos (the court below) in Suit No.FHC/L/CS/1343/2009.

See pages 166 - 174 of the Records of Appeal for copy of judgment.

Upon the grant of leave by the court below in accordance with the requirement of the Fundamental Right [Enforcement Procedurel Rules 1979, the Applicants (Appellants herein) filed an application by way of a Motion on Notice dated the 17th of December, 2009 under the Fundamental Rights (Enforcement Procedure) Rules 1979 praying for reliefs in the following terms:

(i) A DECLARATION that the decisions of the 2nd and 3rd Respondents to arrest and detain the 2nd and 3rd Applicants and the servants or workers of the 1st Applicants at the request of or on the promptings of the 1st Respondent by reason of the failure of the Applicants to liquidate the outstandi…

LOOK ENGINE PARTS LTD & ORS V. ECOBANK NIGERIA PLC & ORS

LOOK ENGINE PARTS LTD & ORS
V.
ECOBANK NIGERIA PLC & ORS