CORAM

CHRISTOPHER M. CHUKWUMA-ENEH, JUSTICE SUPREME COURT

MARY UKAEGO PETER-ODILI    JUSTICE. SUPREME COURT

PARTIES

1.GROUP DANONE2.SOCIETE DES EAUX DE VOLVIC APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The respondent filed an appeal against the refusal of the trial court to discharge an ex parte order made against it. The court of appeal granted the respondent’s application suspending the order and staying proceedings of the high court for contempt against the respondent pending the determination of the appeal. ?

HELD

The court held that the court of appeal was right to have granted the order and that there were exceptional circumstances necessitating the application to be filed at the court of appeal.

ISSUES

1. Whether the Court of Appeal was right in entertaining the Respondent’s application for a suspension of the Orders of the Federal High Court when an application in identical terms and another application for committal were both pending before the Federal High Court.2. Whether the Court of Appeal was competent to set aside the Ruling of the Federal High Court delivered on the 3rd of May 2002, refusing to discharge the Orders granted against the Respondent.3. Whether the Court of Appeal gave equal or any consideration to the interest of the Appellant as it did to the interest of the Respondent before setting aside the Ruling of the Federal High Court dated the 3rd of June 2002 and if it did not, whether such failure, ought to vitiate the Ruling of the Court of Appeal.

RATIONES DECIDENDI

CASES CITED

Onwochei Odogwu v Otemeoku Odogwu (1992) 2 NWLR (Part 225) 539

STATUTES REFERRED TO

Court of Appeal Rules 2002

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