Chief Engr. Nnaemeka & Anor. V. Chukwuogor (Nig.) Ltd. & Ors. (2006)

LawGlobal-Hub Lead Judgment Report

NGWUTA, J.C.A.

On 2/6/03 the plaintiffs commenced an action by writ of summons in the High Court of Cross River State, Ikom Judicial Division. Endorsed on the writ are the following reliefs sought by the plaintiffs against the defendants:

“1. A declaration that the estate which the defendant purports to manage is owned by the 1st plaintiff and therefore not subject to the Administrator-General Law, Cap. 3, Laws of Cross River State.

2. An order for the revocation of the orders of Administration granted to the 1st defendant.
3. An order of perpetual injunction restraining the defendants and their agents servants or privies from intermeddling with the estate of the 1st plaintiff.
4. The sum of N10m as general damages for intermeddling with the estate of the 1st plaintiff.”

On the same day 2/6/03 the plaintiffs filed a motion ex-parte pursuant to Order 33 rule 1(2) of the High Court Rules of Cross River State praying the court for the following:-

1. An Order of interim injunction restraining the defendants,their agents, servants or privies from further interfering in any manner howsoever with the assets and properties of the 1st plaintiff situated at No.3 & 5 Ogoja Road, Ikom; 4 Chukwuogor Lane, Ikom, Plots at Old Army Barracks, Ikom and Cocoa farm plantation at Okunde, Etomi road, and Agbokim Mgbabor along Effraya Road, pending the determination of a motion on notice.
2. An Order of interim injunction restraining the defendants, their agents, servant or privies from collecting rents from tenants or purporting to lease out the aforesaid properties pending the determination of a motion on notice.
3. For any other orders, as this Honourable Court may deem fit to make in the circumstances of this case.

The motion was supported by a 23 paragraph affidavit and a 13 paragraph affidavit of urgency, both deposed to by Chukwuma Chukwuogor, the 2nd plaintiff.

In its ruling dated 4/6/03 the lower court granted the reliefs sought and ordered the 2nd plaintiff/applicant to give a written undertaking to the registrar of the trial court to pay N10,000.00 damages should the application turn out to be frivolous.

Aggrieved by the ruling and the order made therein, the defendants now appellants appealed to the court on six grounds, hereunder reproduced, shorn of their particulars:-

Ground One

The learned trial Judge erred in law when he assumed jurisdiction to entertain a suit that borders on the management,control and operation of a company and its assets under the Companies and Allied Matters Act, court matter is within the exclusive jurisdiction of the Federal High Court by virtue of section 251(1)(e) of the Constitution of the Federal Republic of Nigeria, 1999.

Ground Two

The learned trial Judge erred in law when in an ex-parte application, he granted an order of injunction which has the effect of interfering with frustrating and paralyzing the statutory functions of the Administrator-General and Public Trustee without giving the parties an opportunity to be heard, through breaching the rule of fair hearing as entrenched in section 36 of the Constitution of the Federal Republic of Nigeria, 1999.

Ground Three

The learned trial Judge misdirected himself in law when he failed to consider the applicable legal principles for the grant of ex-parte injunction to the circumstances of the case before him, before granting the ex-parte order of injunction.

Ground Four