OLALOMI INDUSTRIES LTD. V. M. M. ADABA BANK OF INDUSTRY

MIKA'ILU JCA (Delivering the Lead Ruling): The applicant is Olalomi Industries Ltd., the respondents are M.M. Adaba and Bank of Industry. By this motion on notice, the applicant prays ‘for an order of interlocutory

injunction pending the final determination of the applicants’ appeal filed on A 6/11/2003 and for such order or further order or orders as this Honourable Court may deem fit in the circumstance’. This is as per the wording of the prayer sought in the motion paper.

In the applicants’ brief of argument dated and filed 30th March, 2004, the learned counsel for the applicant, Prince J. O. Ijaodola has formulated the following issues for determination:- “(i) Was it proper for the learned trial Judge to have dismissed the applicant’s new suit - suit No. KWS/OF/27/2001 when both sides had not filed their pleadings ; Was it proper for the learned trial Judge to have dismissed the applicant’s motion filed on 7/11/2003 on account of the dismissalof the new suit; and Was the evidence…