MOBIL PRODUCING NIGERIA UNLIMITED V. SUFFOLK PETROLEUM SERVICES LIMITED

CHIOMA E. NWOSU-IHEME (Ph.D), J.C.A. (Delivering the Leading Judgment): The Respondent in this appeal as Plaintiff (Claimant) in the lower Court commenced proceedings in that court claiming some declaratory reliefs, and injunctions against the appellants as defendants in respect of a contract between the parties. The reliefs sought at the lower court are clearly set out in the Writ of Summons at pages 3 - 4 of the Record of Appeal and repeated in paragraph 192 of the statement of claim at pages 63 - 64. The Respondent also filed an Exparte motion for interim injunction.

When the Exparte motion for interim injunction came up before the lower court on the 25/6/11, the court after granting leave for service of the defendant outside jurisdiction, ordered the defendant to appear before it on 1/11/11 to show cause why an order of interim injunction should not be made. Upon service on it of the process of court including the order to show cause aforesaid, the appellant (defendant in the cour…