CORAM

M.L. UWAIS

UDO UDOMA

PARTIES

AUTO IMPORT EXPORT APPELLANTS

J. A. A. ADEBAYO (Receiver and Manager, Continental Motors and Engineering Co. Ltd.)

AREA(S) OF LAW

SUMMARY OF FACTS

The appellants instituted actions against 3 different people in their personal capacity for trespass. The trial court gave judgment in their favour and gave an order of injunction , which was not claimed, restraining the Oraukwu town from interfering with the land. The Oraukwu town and other interested parties appealed.

HELD

The court that the defendants at the trial court were not sued in a representative capacity thus no order of injunction could be made against the entire Oraukwu town and that the order so made was a gross violation of the right to fair hearing guaranteed the 1979 Constitution.

ISSUES

(1) Whether in the light of the pleadings and evidence before the court of trial, the Court of Appeal was right to have set aside the order of injunction made against the entire people of Oraukwu town who were neither parties, nor represented in the suit. (2) Whether the order against “all people of Oraukwu” or all persons from Oraukwu” was an order made against non juristic persons. (3) Whether the order made violated the respondents’ right to fair hearing guaranteed to every Nigerian by section 33 of the 1979 Constitution and, if it did, what is the effect?

RATIONES DECIDENDI

CASES CITED

Olowo Okukuje v. Odejeninia Akwido (2001) 3 N.W.L.R. (Part 700)|Esiaka and others v. Vincent Obiasogwu and others (1952) 14 W.A.C.A. 178 at 180|Re Lart Wilkinson v. Blades (1896) 2 Ch. 788|Ekpenyong v. Nyong (1975) 2 S.C. 71 at 8l – 82,|Union Beverages v. Owolabi (1988) 2 N.W.L.R. (Part 68) 128 at 133,|Makanjuola v. Balogun (1989) 3 N.W.L.R. (Part 108) 192 at 206,|Olurotimi v. Ige (1993) 8 N.W.L.R. (Part 311) 257 at 271

STATUTES REFERRED TO

The 1979 Constitution|

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