ITA GEORGE MBABA, JCA (Delivering the Leading Judgment): Appellant, British American Tobacco Nigeria Ltd, brought an appeal against the Ruling of the Federal High court, Ilorin, in suit No FHC/IL/CS/47/2010.
Whereof his lordship, A. O. Faji J, on 14/2/2011, ruled against the Appellant and discharged the ex-parte Orders of Interim Injunction earlier granted to it (Appellant) by the lower Court on 13/12/2010. The Appellant, as plaintiff at the Court below, had filed an Ex-parte application, contemporaneously, with the writ of summons, for Interim Injunction and Anton Piller Order (among other reliefs) and the same were granted and executed, accordingly, at the premises of the Defendant/Respondent (International Tobacco Company PLC). Thereafter the Defendant/Respondent filed an application to set aside and discharge the said Interim Injunction and Anton Piller Orders, for having been obtained under misrepresentation/suppression of facts. After taking all the arguments of all the Counsel…