CHIEF SUNDAY EYO OKON OBONG VS PATRICK LEO EDET & ANOR
May 28, 2025OBONN EKPENYONG EFFIOM OKON VS DENO ENUO EYON AKOM EYO & 4 ORS
May 28, 2025Legalpedia Citation: (2008) Legalpedia (CA) 57117
In the Court of Appeal
Wed Dec 10, 2008
Suit Number: CA/C/12M/2007
CORAM
THERESA N. ORJI-ABADUA
PARTIES
1. FIRST BANK OF NIG. PLC2. PASTOR OKOIBU (Trading) Under the name of Messrs Pradses Nigeria. APPELLANTS
1. NDARAKE & SONS (NIG) LTD2. ANIETIMFON NDARAKE EKOP RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Defendants/Appellants advanced loan to the Plaintiffs/Respondents who mortgaged three properties in three different transactions. They however failed to repay the loan after series of demand from the Defendants/Appellants. Consequently the Defendant/Appellant auctioned one of the mortgaged properties. The Plaintiffs/Respondents brought an action against the Defendants/Appellants and also filed an interlocutory application seeking for an injunction restraining them from selling the property pending the determination of the suit. After hearing arguments on the motion, the court ruled against the Defendants/Appellants, restraining them from selling the properties. Aggrieved by this ruling, the Defendants/Appellants have lodged this appeal.
HELD
Appeal allowed
ISSUES
Whether the learned trial Judge did not err in law when he ordered an interlocutory injunction against a concluded sale of a property
RATIONES DECIDENDI
INTERLOCUTORY INJUNCTION – PURPOSE OF
‘The main purpose of an interlocutory injunction is to preserve the res or subject matter of the litigation from destruction pending the determination of the matter, so, where an action sought to be restrained has already been completed, the equitable remedy of interlocutory injunction will no longer be available to an applicant.’ PER THERESA NGOLIKA ORJI-ABADUA JCA
INTERLOCUTORY INJUNCTION- WHEN APPLICABLE
‘The law on the issue is as clear as crystal and it is that an interlocutory injunction is not a remedy for restraining an act which has already been concluded.’ PER K B AKAAHS JCA
CASES CITED
Ajewole V Adetimo (1996) 2 NWLR (Pt. 431) 391;Attorney-General Ondo State V Attorney-General Ekiti State (2001) 17 NWLR (Pt 743) 706 At P. 749 Ideozu vs. Ochoma (2006) 4 NWLR Part 970 p. 364John Holt v African Workers Union (1963) 1 All NLR 319;John Holt Nig. Ltd. Metro Gas Ltd. V Eferakeya (2000) 14 NWLR (Pt. 686) 1State v Commissioner for Boundaries (1996) 37 LRCN 603 at 613
STATUTES REFERRED TO
None
CLICK HERE TO READ FULL JUDGMENT
