Lawrence S.U.azuh Vs Union Bank Of Nig. Plc (2014)

LAWGLOBAL HUB Lead Judgment Report

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.S.C.

This is an appeal against the judgment of the Court of Appeal, Benin Division (lower court) delivered on 25/3/2004 affirming the ex-parte interim orders granted by the High Court of Delta State sitting at Asaba (trial court) on 20/11/2001.

On 20/11/2001, the respondent, as plaintiff at the trial court, took out a writ of summons against the appellant herein as defendant seeking the following reliefs:

(1) A declaration that the defendant having been charged to court in charge No. CMA/250C/2001 pending before the Chief Magistrate Court 1, Asaba, wherein the plaintiff is the substantive complainant must or ought to undergo his trial to conclusion.

(2) A declaration that the defendant having been charged to Court in Charge No. CMA/250C/2001 pending before the Chief Magistrate Court 1, Asaba is not allowed to travel outside the country with the aim of frustrating the criminal trial thereby making it impossible for him to be prosecuted.

(3) An order of injunction restraining the defendant from traveling outside this Country to any other place pending the determination of the substantive suit.

(4) An order directing the sheriff of Court to take possession of the International Passport and other travelling documents of the defendant pending the conclusion of the criminal trial in Charge No. CMA/250C/2001 pending before the Chief Magistrate Court 1, Asaba.

(5) An interlocutory order directing the Nigerian Immigration Service not to allow the defendant to travel outside the country pending the determination of Charge No. CMA/250C/2001 or this suit whichever is the first in time.

(6) An order of perpetual injunction restraining the defendant from leaving the country pending the conclusion of the criminal trial in Charge No. CMA/250C/2001 pending against him at the Chief Magistrate Court 1. Asaba.

It simultaneously filed a motion ex-parte seeking the following orders:

“a) An order of interim injunction restraining the defendant from travelling out of this country and/or place pending the determination of the motion on notice.

b) An interim order directing the sheriff of this Honourable Court to take possession of the International Passport and other travelling documents of the defendant pending the determination of the motion on notice.

c) An interim order directing the Nigeria Immigration Service not to allow the defendant to travel abroad pending the determination of the motion on notice”.

The grounds for the application were set out in paragraphs 3-10, 14 and 16 of the supporting affidavit at pages 8 and 9 of the record as follows: