Standard Chartered Bank Nigeria Limited V. Dr. Tunji Braithwaite (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

CHIMA CENTUS NWEZE J.C.A. (Delivering the Leading Judgment)

At the High Court of Lagos State, the respondent in this appeal, [as Claimant], took out a Writ of Summons accompanied by a Statement of Claim, both dated October 4, 2010, in which he sought, inter alia, declaratory and injunctive reliefs against the appellants (as defendants). On the same day, he beseeched the court (hereinafter referred to as the lower court) with an application for:

An order of interlocutory injunction, restraining the defendant quia timet, from doing whether by himself (sic) or by his (sic) agents or servants or otherwise howsoever, from commencing with the construction of the proposed 14 storey building and 5 level car park on the premises known and situate at No 142 Ahmadu Bello Way, Victoria Island, Lagos, and also known as Plot 141 Elias Close, Victoria Island, Lagos, pending the determination of the suit.

Like Oliver Twist in Charles Dickens’ favourite novel, the following day, October 5, 2010, the respondent, [as Claimant/applicant], importuned the lower court, through an ex parte application, for an:

An order of interlocutory injunction, restraining the defendant quia timet, from doing whether by himself (sic) or by his (sic) agents or servants or otherwise howsoever, from commencing with the construction of the proposed 14 storey building and 5 level car park on the premises known and situate, at No 142 Ahmadu Bello Way, Victoria Island, Lagos, and also known as Plot 141 Elias Close, Victoria Island, Lagos, pending the determination of the Motion on Notice filed in this suit.

Expectedly, the applications prompted the filing of a plethora of processes: counter-affidavit; further affidavit; documentary exhibits and written addresses. Not done yet, on October 9, 2010, the respondent, [as applicant], further, implored the lower court to visit the locus in quo. On November 2, 2010, Counsel canvassed arguments for and against the application of October 4 for interlocutory injunction. In its ruling of November 24, 2010, the court, (coram Olateru-Olagbegi, J.) decreed, inter alia, that an:

Order of preservation of status quo be and is hereby made to the effect that all civil engineering and building works in respect of the project proposed by the respondent at 142, Ahmadu Bello Way, Victoria Island, Lagos, shall cease forthwith until the next date of adjournment.

This appeal is the defendant/respondent’s expression of dissatisfaction against the said ruling. Two issues were submitted for the determination of the appeal.

They were framed thus:

(1) Whether the lower court had the jurisdiction or exercised such jurisdiction correctly when it made the preservative order complained of, having refused to grant the respondent’s application for interlocutory injunction?

(2) Whether the provisions of Section 24 of the High Court Law of Lagos State, together with the provisions of Order 38 Rule 2 of the High Court (Civil Procedure) Rules, 2004, clothe the lower court with the jurisdiction/power to enter a preservative order upon the refusal of an application for interlocutory injunction made to it?

ARGUMENTS ON THE ISSUES

Issue 1

(i) Whether the lower court had the jurisdiction or exercised such jurisdiction correctly when it made the preservative order complained of, having refused to grant the respondent’s application for interlocutory injunction?