MABEL AYANKOYA & ORS VS E. AINA OLUKOYA & ANOR
July 4, 2025YORINDE V A-G AND COMMISSIONER FOR JUSTICE OYO STATE
July 4, 2025Legalpedia Citation: (1996) Legalpedia (SC) 01110
In the Supreme Court of Nigeria
Tue Feb 27, 1996
Suit Number: SC.54/1995
CORAM
M.L. UWAIS, JUSTICE, SUPREME COURT
M.E. OGUNDARE JUSTICE, SUPREME COURT
E.O. OGWUEGBU, JUSTICE, SUPREME COURT
U. MOHAMMED, JUSTICE, SUPREME COURT
A.l. IGUH, JUSTICE, SUPREME COURT
PARTIES
HON. JUSTICE T.A.A. AYORINDE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant, who was the Chief Judge of Oyo State, received a letter on the 22nd day of November, 1993 dated the 15th day of November, 1993, relieving him of his position. Then a subsequent letter appointing him as the Acting Chief Judge of Oyo State with full 100% acting allowance.
HELD
The court expressed it’s satisfaction with the decision of the court of appeal that this appeal has no merit. The Court of Appeal was right in upholding the decision of the trial court not to grant the application by the appellant. Accordingly, the appeal fails and it is hereby dismissed with N1,000.00 costs to the respondents.
ISSUES
Whether there is a question of law or legal right or serious issue to be determined in the substantive actionWhere the balance of convenience as between the parties vis-a-vis the grant of interlocutory injunction rests
RATIONES DECIDENDI
BASIS FOR THE GRANT OF INTERLOCUTORY INJUNCTION
As a matter of practice and principle interlocutory injunctions are not granted as a matter of course.
Per UWAIS, CJN
CASES CITED
American Cynamid v. Ethicon Ltd., (1975) 1 All E.R. 504 at P. 510John Holt Nigeria Ltd. v. Holts African Workers Union of Nigeria and Cameroons, (1963) 1 All NLR 379 at P. 383Missini & Ors. v. Balogun & Anor., (1968) 1 All NLR 318Nwanga v. Military Governor of Into State, (1987) 3 NWLR (Pt. 59) 185 at P. 194EGovernor of Imo State v. Anosike, (1987) 4 NWLR (Pt.66) 663 at P. 670B.
STATUTES REFERRED TO
