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(2018) JELR 39106 (CA)    

Court of Appeal  ·  CA/L/92/2014 ·  9 Mar 2018 ·  Nigeria
CORAM
MOHAMMED LAWAL GARBA Justice of The Court of Appeal of Nigeria BIOBELE ABRAHAM GEORGEWILL Justice of The Court of Appeal of Nigeria JAMILU YAMMAMA TUKUR Justice of The Court of Appeal of Nigeria
Core Terms Beta
appeal
court
constitution
decision
right of appeal
trial court
court of appeal act
provisions of section
ex-parte order
ex-parte orders
lower court
notice of appeal
abuse of the court process
attorney general
federal high court
preliminary objection
abuse of a court process
anambra state
competence of the appeal
consideration of the merit of the issues
fair hearing
favour of the respondent
lawal garba
circumstance of the case
consent of the parties
ex-parte interim order
high court of a state
importance of a right of appeal
judicial tribunal
learned trial judge
question of law
24th january
complete agreement
discharge of the ex-parte order
exercise of the right
ex parte orders
fast rules
federal high court of its original jurisdiction
following terms
grounds of disenchantment
interlocutory order of decision
jurisdiction of the lower court
later provisions
leading judgment
pending motion
previous spent order
right of the appellant
suit no. fhc
support of the urgency of the ex-parte application
supreme law

MOHAMMED LAWAL GARBA, J.C.A. (Delivering the Leading Judgment): This appeal is against ex-parte orders made by the Federal High Court in Suit No. FHC/L/CS/33/2012 contained in a Ruling delivered on the 24th of January, 2012, in favour of the Respondent who was the Applicant/Plaintiff. The Appellant was the Defendant in the suit and had claimed payment of debt from credit facilities granted to the Respondent and by the ex parte orders, the Appellant was restrained from making demands or further demands/requests for the payment of the debt by the Respondent and taking steps to enforce any right/interest pursuant to any debenture, mortgage or any other security created in connection with the credit facilities.

Apparently miffed by the grant thereof the orders ex-parte, the Appellant brought the appeal by the Notice of Appeal filed on 7th of February, 2012 containing the three (3) grounds of disenchantment with the Ruling.

In the Appellant's brief filed on the 11th of June, 2015, deemed on …

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