Ratio Decidendi

Ex Parte Applications:

"It appears to me equally clear that the court has unimpeded right upon the hearing of a motion ex parte to order Inter alia that the other parties who may be affected by the court's order be put on notice. There can be no doubt that the defendants when they applied to the trial court for leave to defend the plaintiff's application ex parte were merely inviting the trial court to invoke its discretionary jurisdiction to let them in to defend the application. The trial court duly considered this application of the defendants and, in the exercise of its discretionary jurisdiction, refused the same." https://nglawcompass.com/judgments/7-up-bottling-company-ltd-ors-v-abiola-and-sons-nigeria-ltd/

Explanation / Scope

No explanation provided.

Cases Applying This Principle

None recorded.