Mrs. Comfort Ifekwe & Ors V. Prince Joe Madu (2000)

LawGlobal-Hub Lead Judgment Report

OPENE, J.C.A. 

The pith and substance of this case is that on the 8th day of October, 1996, the respondent in the High Court of Cross River State holden at Calabar for himself and on behalf of Master Bakers and Caterers Association of Nigeria, Cross River State Branch obtained leave to apply for an order of injunction to restrain the appellants from acting as members of the State Executive Council of the Master Bakers and Caterers Association of Nigeria, Cross River State Branch.

The respondent on the same day filed a motion on notice and also a motion ex parte. The motion ex parte at page 5 of the records reads:-

Motion ex parte:

Pursuant to Order 43 Rules 1 and 3 of the High Court Civil Procedure Rules, Cross River State

Take Notice that this Honourable Court will be moved on……….. the……….day of………..1996 at 9 O’clock in the forenoon or so soon thereafter as counsel for the applicant may be heard praying this Honourable Court for:-

(a) Leave to apply for an Order of injunction restraining the respondents from continuing to parade themselves as members of the State Executive Council of the Association of Master Bakers and Caterers of Nigeria, Calabar Branch.

(b) An Interim Order restraining the respondents from parading themselves as officers of the Association of Master Bakers and Caterers of Nigeria, Cross River State Branch pending the determination of this application.

(c) And Take Notice that the facts of the case and the grounds for the application are as contained in the accompanying affidavit with the statement attached.

And for such further/other orders as this Honourable Court may deem fit to make in the circumstances.”

There are affidavits in support of the motion ex parte and also the motion on notice. The motion ex parte was granted on that same day. The orders for leave and the interim injunction and the motion on notice were served on the appellants who thereupon filed a preliminary objection challenging the competence of the entire action and it reads as follows:-

“Notice of Preliminary Objection:

TAKE NOTICE that the hearing of the Motion on Notice filed by the plaintiff/applicant on the 9th day of October, 1996 the defendants/respondents shall be objecting to this suit on substantial points of law:-

TAKE FURTHER NOTICE that grounds upon which the objection is predicated are as follows:-