Legalpedia Citation: (2009) Legalpedia (FHC) 78941
In the Federal High Court
Mon Jun 22, 2009
Suit Number: FHC/L/CS/240/2009
CORAM
JUSTICE ABDULLAHI MUSTAPHA
PARTIES
1. TANZILA PETROLEUM CO. LTD2. ALHAJI SHEHU BADAMOSI? PLAINTIFF(S)
DEFENDANTS
AREA(S) OF LAW
SUMMARY OF FACTS
This is a Motion on Notice brought by the Plaintiffs/Applicants pursuant to order 9 rules 1 and 2 of the Federal High Court (Civil Procedure) Rules 2000 and the inherent jurisdiction of this court for an order of interlocutory injunction restraining the 1st Defendant either by itself, agents, privies, directors, managers, officers or through any person or persons howsoever from threatening or harassing, reporting or further reporting the Plaintiffs to the Police, the EFCC for the purpose of using coercive and intimidating means to recover the indebtedness of the 1st Plaintiff to the 1st Defendant or interfering in the Banker/Customer relationship existing between the parties pending the determination of the substantive suit and an order restraining the 2nd Defendant from further arresting, detaining, questioning, harassing, inviting, molesting, intimidating or humiliating any of the Plaintiffs.
HELD
Motion dismissed
ISSUES
Whether balance of convenience is in favour of exercising discretion in favour of the Plaintiffs/ApplicantsWhether the Plaintiffs were reasonably suspected of committing a criminal offence
RATIONES DECIDENDI
INTERLOCUTORY INJUNCTION – OBJECT OF AN INTERLOCUTORY INJUNCTION
“The object of an interlocutory injunction is to protect the Applicants against injury by virtue of his rights in respect of which he cannot be adequately compensated in damages”. PER MUSTAPHER CJ
CASES CITED
Akakpo V. Hakeem Habeeb (1992) 6 NWLR (PT. 247) 266 Cee Gee (Nig) Ltd. V. Contact Overseas Ltd. (1992) 9 NWLR (Pt. 266) 505 at Page 514Orji V. Zaria Industries Ltd. (1992) 1 NWLR (Pt. 216) 124
STATUTES REFERRED TO
EFCC Act 2004The 1999 Constitution of Federal Republic of Nigeria