CORAM

IBRAHIM TANKO MOHAMMAD, JUSTICE SUPREME COURT

ALOMA MARIAM MUKHTAR,(Lead Judgment) JUSTICE ,SUPREME COURT

PARTIES

1.DUWIN PHARMACEUTICAL AND CHEMICAL CO. LTD APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The Appellant took out a writ accompanied with    a Motion Ex-parte and interlocutory motion on notice for injunctive relief. The Respondents reacted by filing a motion on notice for an order setting aside the interim order of injunction granted ex-parte. It was granted and the court ordered for accelerated hearing and ordered the parties to file their pleadings. Aggrieved the Appellant appealed to the Court of Appeal which dismissed the appeal, hence this present appeal. ?

HELD

Dismissing the appeal

ISSUES

1.   Whether by not determining all the issues arising and submitted to it by the appellant as arising from its grounds of appeal for determination in the appeal, the Court of Appeal did not deny the appellant (its right to) a fair hearing of its appeal?.2.   Whether the Court of Appeal was right in holding that the appellant’s resort to a police investigation of a crime in the circumstance was a resort to self-help and aimed at ridiculing the court and justified the vacation of the interim injunction by the learned trial judge? 3.   Whether the Court of Appeal should not have interfered with the discretion exercised by the Federal High Court in respect of the appellant’s Motion for interlocutory injunction and exercised its powers under Section 16 of the Court of Appeal Act to rehear and grant the said interlocutory injunction?

RATIONES DECIDENDI

CASES CITED

1. Oyekan v. Akinrinwa (1996) 1 NWLR part 459 page 1282. Angara v. Christmatel Shipping Co. Ltd (200)1 8 NWLR part 716page 685 3. Chime v .Chime 2001 3 NWLR part 701 page 5274. Western Steel Works v. Iron and Steel Workers 19871 NWLR part 49. page 284,?

STATUTES REFERRED TO

None

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