Austine Frank Company Limited V. Ocean Pac International Limited & Anor. (2006)

LawGlobal-Hub Lead Judgment Report

JIMI OLUKAYODE BADA, J.C.A.

By an application on notice dated 1st day of November 2005 and filed on the same date, the applicant prayed for the following reliefs:

“(i) An order of the Honourable Court for an extension of time within which to apply for leave to appeal as an interested party against the ex-parte order of injunction granted by Honourable Justice J. I. Nweze of the High Court of Anambra State, Onitsha Judicial Division in suit No. 0/162/2005 dated 23rd day of March 2005.

(ii) An order of the Honourable Court granting leave to appeal as an interested party to this Honourable Court from the ex-parte order of injunction of the lower court granted by Honourable Justice J. I. Nweze of the High Court of Anambra State, Onitsha Judicial Division in suit No. 0/162/2005 dated 23rd day of March 2005.

(iii) An order of extension of time within which to file notice and grounds of appeal as an interested party, against the ex-parte order of injunction granted by Honourable Justice J. I. Nweze of the High Court of Anambra State, Onitsha Judicial Division in suit No. 0/162/2005 dated 23rd of March 2005.

(iv) An order deeming as properly filed and served the notice of appeal from the ex-parte order of injunction of the lower court granted by Honourable Justice J. I. Nweze of the High Court of Anambra State, Onitsha Judicial Division in suit No. 0/162/2005 dated 23rd day of March 2005.

(v) An order granting a departure from the rules of this Honourable Court by dispensing the need for the Registrar of the lower court to compile the record of appeal.

(vi) An order that the appeal herein be heard on the bundle of documents filed along with this application and titled “Record of Appeal” and exhibit “A”.

(vii) An order suspending or staying the execution of the ex-parte order of the lower court granted by Honourable Justice J. I. Nweze of the High Court of Anambra State, Onitsha Judicial Division in suit No. 0/162/2005 dated 23rd day of March 2005.

(viii) An order granting the release of the appellant’s 40 feet container of Stain less Steel’ plates subject matter of the order granted by Honourable Justice I. J. Nweze of the High Court of Anambra State, Onitsha Judicial Division in suit No. 0/162/2005 dated 23rd day of March 2005 upon the provision by the appellant/applicant a bank guarantee of Equitorial Trust Bank Plc or First Atlantic Bank Plc to cover the sum claimed by the 1st respondent in suit No. 0/162/2005 pending the hearing and determination of this appeal.

(ix) And for such further order or other order(s) as the Honourable Court may deem fit to make in the circumstances of this case.”

The application is supported by an affidavit of 38 paragraphs and a further affidavit of 6 paragraphs.

The counsel for the parties were ordered to file their written addresses.

At the hearing, learned counsel for the parties adopted and relied on their written addresses.