First Bank Of Nigeria PLC & Anor V. Ben-segba Technical Services Limited & Anor (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JIMI OLUKAYODE BADA, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the ruling of the High Court of Justice, Delta State of Nigeria, holden at Effurun in Suit No. EHC/195/2008 – Ben-Segba Technical Services Limited & 1 Other v. First Bank of Nigeria PLC & 1 Other delivered on the 14th day of August, 2009 wherein the lower court dismissed the application for leave to apply for extension of time within which the defendants/applicants can apply for an order vacating the order of interim injunction made by the lower court on 24/6/2008 etc.

The facts of the case are that the respondents who were Plaintiffs at the lower court took out a writ of summons dated 23/6/2008 and filed on the same date against the appellants who were defendants at the lower court. The respondents filed two motions supported by identical affidavits, one ex-parte dated and filed on 23/6/2008, and the other motion on notice was filed alongside with the writ of summons.

On 24/6/2008, the lower court heard the motion ex-parte and ordered an interim injunction by which it restrained the appellants from (1) “taking further or any step for the recovery of the

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disputed loan/interest and (2) restraining 2nd defendant from taking over managing, receiving, disposing/selling, removing anything in respect of plaintiffs’ properties pending the hearing and determination of the motion on notice.” The lower court then adjourned the motion on notice with the same prayers sought to 15/7/2008.

At that stage, the appellants were served with the writ of summons together with the enrolled order of interim injunction. The appellants entered a conditional appearance and he responded by filing a motion on notice dated 10/7/2008 supported by affidavit of 22 paragraphs. The appellants prayed the lower court for “leave and extension of time within which to apply for an order to vacate the order of interim injunction and/or striking out of the respondents’ suit” on the ground that the trial court lacked jurisdiction to entertain and/or adjudicate on the matter for the plaintiffs are in receivership.

The lower court heard the objection and dismissed it in a ruling delivered on the 14th day of August, 2009.

Dissatisfied with the said ruling, the appellants appealed to this Court vide the notice of appeal filed on the

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24/3/2011 pursuant to the order of this court dated 22/3/2011 granting the appellants extension of time and leave to appeal.

The learned counsel for the appellants formulated two issues for the determination of the appeal. The issues are set out as follows:-

(1) Whether in the circumstances of this case, the plaintiffs’ processes and/or materials before the trial court at the stage the objection was raised were sufficient for the trial court to determine if it has jurisdiction to adjudicate on the plaintiff’s claim.

(Distilled from Grounds 2, 3 and 4)