Ratio DecidendiRatio DecidendiRatio Decidendi



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(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…

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