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MR. Y. ALON & ANOR. V. DANDRILL NIGERIA LTD & ANOR.

(1997) JELR 49061 (CA)

Court of Appeal  •  CA/E/212/94  •  16 Jun 1997  •  Nigeria

Coram
AKINTOLA OLUFEMI EJIWUNMI JCA; NIKI TOBI JCA; EUGENE CHUKWUEMEKA UBAEZONU JCA;

Judgement

TOBI, J.C.A. (Delivering the Leading Judgment): This appeal arose from a ruling of the Federal High Court, Enugu, dated 25th May, 1994 in which the Court struck out the appellants' motion dated 25th April, 1994 on the ground of incompetence and the granting of the respondents' motion dated 10th March, 1994 for interlocutory injunction.

Refusing the 25th April, 1994 motion of the appellants, the court said at page 98 of the record:

"It seems to me that the motion dated 25th April, 1994 to the extent that it is seeking for an order to vary or discharge the ex parte order of interim injunction is incompetent".

Granting the 10th March, 1994 motion of the respondents, the Court said at page 99:

''The affidavit evidence shows that the plaintiffs have prima facie a right, arising from the joint venture agreement and undertakings, to be protected pending the resolution of the uncertainties arising from the conflicting claims in this case. Also the conflicting claims in this case as made maniā€¦

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