Goddy Okeke & Ors V. Chief Michael Ozo Okoli & Ors (1999)

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FABIYI, J.C.A. 

This is an appeal against the order contained in the ruling of the late Obiesie, J., delivered on 14th October, 1993. The Trial Judge dismissed an application to set aside an order of interim injunction made ex parte on 13th July, 1993 in favour of the Respondents at the High Court of Justice, Awka Judicial Division of Anambra State.

On 22nd July, 1993, the Respondents filed their claim, dated 21-7-93, at the Trial court and prayed as follows:-

“(a) A declaration that the Agulu Peoples Union, Nigeria is the only cultural organistion in Agulu Town which has the mandate of the People to run the affairs of Agulu Town.

(b) A perpetual injunction restraining the defendants by themselves, their servants, workmen and agents or otherwise howsoever from forming and launching another Union in Agulu Town to be known as and called Agulu Development Union.”

The Respondents filed their motion ex parte also dated 21-7-93, contemporaneously with their writ of summons on 22-7-93. They prayed that the Appellants be restrained from inaugurating and launching another Union in Agulu to be known as and called Agulu Development Union, or any other association that goes by whatever name, pending the determination of the motion on notice filed in the suit. On 23-7-93, the Trial court granted the application as prayed under its ‘inherent jurisdiction “The desired order was granted “pending the determination of the motion on notice fixed specifically for hearing on 29th July, 1993.

As the learned counsel for the Respondents was not in court on 29-7-93, the motion on notice could not be taken. The learned trial Judge then adjourned the motion to 16-9-93 for hearing, In the interim and specifically on 30-7-93, the Appellant filed their motion of the same praying for an order to discharge and/or vacate the interim order obtained ex- parte by the Respondents on the 23rd July, 1993.

On 16-9-93, both learned Senior Advocates made very plausible and alluring submissions at the hearing of the motion for discharge of the interim order made on 23-7-93. The learned trial Judge, in his ruling of 14-10-93, concluded same by saying ‘the application for setting aside the interim order made on the 23rd July, 1993 falls to the ground’: The trial Judge went ahead to award N1,000 costs in favour of the Respondents, against the Appellants.

The Appellants left dissatisfied and have ex-debito justitiae, appealed to this court. The notice of appeal complained about the whole ruling of the trial Judge. Eight grounds of appeal accompanied the said notice, I should state that the grounds of appeal appear rather prolix. It is also pertinent to state the reliefs sought from this court. They are follows:-

“(a) To quash the ruling of the Awka High Court.

(b) Dissolve the Interim injunction and,

(c) Order that the suit be transferred to be heard by another High Court Judge sitting in the Judicial Division.”

On 12-10-99, the appeal was heard. At the on-set, Mr. J.C. Okonkwo, SAN, applied that the name of the 1st Appellant – Dr. Felix Adi, be struck out on the ground that he has passed on to the great beyond. Mr. G.E. Ezeuko, SAN, for the Respondents had no objection. The name of the 1st Appellant – Dr. Felix Adi, was accordingly struck out as prayed. He is shown to be DECEASED in the list of appellants as stated above.

Mr. J.C. Okonkwo, SAN, for the appellants, adopted the Appellant’s brief dated 22-5-96 and filed on 24-5-96. He observed that nothing has happened to the motion on notice as well as the main suit up to 12-1-99. He indicated that there was no effort to move the motion. He urged that the appeal be allowed. He asked that the appellants be ‘untied’.