HON. OKOTO FOSTER BRUCE V MR. EBIKEME FRANK ERE & ORS
June 10, 2025LEADWAY ASSURANCE COMPANY LTD V JOMBO UNITED COMPANY LTD
June 11, 2025Legalpedia Citation: (2004) Legalpedia (CA) 11423
In the Court of Appeal
HOLDEN AT PORT HARCOURT
Thu Nov 25, 2004
Suit Number: CA/PH/162/2002
CORAM
NNAMANI, JUSTICE SUPREME COURT
PIUS OLAYIWOLA ADEREMI, JUSTICE, COURT OF APPEAL
BODE RHODES- VIVOUR
PARTIES
DR. CHRIS A. TAMUNO2. UNIVERSITY OF PORT HARCOURT APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Plaintiff instituted an action against the Defendants at the Federal High Court sitting at Port Harcourt over alleged termination of his appointment, and an order of injunction restraining the Defendants from giving effect to the purported letter of termination of the Plaintiff’s appointment with special and general damages. Mid-way into the hearing the Defendants filed an application to the Court seeking that the name of the 1st Defendant be struck out of the proceeding on grounds of not being a proper party to the proceeding. In his ruling, the learned Federal High Court Judge refused to strike out the name of the 1st Defendant from the proceeding. Not satisfied the Defendants now Appellants appealed against the ruling to the Court of Appeal.
HELD
Appeal Dismissed
ISSUES
Whether the 1st defendant was not a proper party to the suit.Whether the suit is incompetent and therefore the court below lacks jurisdiction to entertain it and ought to have discharged the order of interim injunction made on 25/06/2001 in the suit.”
RATIONES DECIDENDI
JURISDICTION OF A COURT – DETERMINATION OF THE JURISDICTION OF A COURT
“It is settled law that the jurisdiction of a court of law is determined by the claim before the court, as prescribed by the plaintiff”. PER OMAGE JCA
INTERIM INJUNCTION- PURPOSE FOR ISSUING AN ORDER OF INTERIM INJUNCTION
“It’s trite that an order for an interim injunction is issued in order to preserve the res, subject matter of litigation pending the determination of the issues in conflict in court. It is true that damages of undertaking may be imposed in lieu of making the order. PER OMAGE JCA
CASES CITED
A.G. Anambra State v. A.G. Federation (1993) 4 NWLR (Pt 117) 57.Kotoye v. CON (1989) 1 NWLR p. 419.Savannah Bank Ltd v. Pan Atlantic (1987) 1 NWLR (Pt 49) 212;
STATUTES REFERRED TO
None
