GODDY OKEKE & ORS V. CHIEF MICHAEL OZO OKOLI & ORS

FABIYI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the order contained in the ruling of the late Obiesie, J., delivered on 14th October, 1993. The Trial Judge dismissed an application to set aside an order of interim injunction made ex parte on 13th July, 1993 in favour of the Respondents at the High Court of Justice, Awka Judicial Division of Anambra State.

On 22nd July, 1993, the Respondents filed their claim, dated 21-7-93, at the Trial court and prayed as follows:-

"(a) A declaration that the Agulu Peoples Union, Nigeria is the only cultural organistion in Agulu Town which has the mandate of the People to run the affairs of Agulu Town.

(b) A perpetual injunction restraining the defendants by themselves, their servants, workmen and agents or otherwise howsoever from forming and launching another Union in Agulu Town to be known as and called Agulu Development Union."

The Respondents filed their motion ex parte also dated 21-7-93, contemporaneously with thei…