UWAIFO, J.C.A. (Delivering the Leading Judgment): The circumstances in which an interim order sought upon an ex-parte application may be granted have not in recent times in this country,in many cases, been fully taken into consideration in judicially exercising the discretion in respect thereof. There seems to be a growing feeling that the salutary purpose of that remedy intended for deserving emergency is being lost sight of, and in some situations, abused. The provisions of Order 35 rule 11 of the High Court Rules (Cap 61) Laws of Eastern Nigeria 1963 applicable in Anambra State appear sometimes to have been misconceived and consequently applied out of context of the entire Rules for obtaining interim injunction as if it is an acceptable alternative to the established principles of fair hearing whereby the other party is given an opportunity to contest the applicant's prayer for such injunction.
The plaintiff/respondent is the traditional ruler of Achalla Town in Awka. He seems to …