CORAM

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BAIRAMIAN, JUSTICE SUPREME COURT

BRETT, JUSTICE SUPREME COURT

TAYLOR, JUSTICE SUPREME COURT

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PARTIES

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APPELLANTS

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DR. M.A. MAJEKODUNMI

RESPONDENTS 

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AREA(S) OF LAW

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CIVIL LAW—INTERIM INJUNCTION—EXPARTE MOTION

 

 

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SUMMARY OF FACTS

This is an ex pane application by Chief F.R.A. Williams, for an interim injunction restraining the defendant, who is the administrator for the purpose of the regulations, from giving effect to the restriction order pending the determination of a motion on notice filed by the applicant, in which he seeks an interlocutory injunction for the same purpose pending the hearing of an action in which he asks for a declaration that the restriction order, and the legislation under which it was issued are invalid and a permanent injunction to restrain the enforcement of the order.

 

 

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HELD

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Application granted

 

 

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ISSUES

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Not Available

 

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RATIONES DECIDENDI

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DUTY OF COURTS TO ASSESS APPLICATIONS

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‘We should not feel justified, on this ex parte application, in inquiring into the defendant’s assessment of what steps are necessary for the purpose of maintaining public order, but it would appear from the applicant’s affidavit that the defendant’s change of view was not based on considerations of public order, and we feel entitled to look into the matter for ourselves.’ Per BRETT F.J.

 

 

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CASES CITED

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Not Available

 

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STATUTES REFERRED TO

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1. The Emergency Powers (Restriction Orders) Regulations, 1962

2. The constitution of the Federation

 

 

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