LEGAL PRINCIPLE: CIVIL PROCEDURE — Injunctions — Self-Induced Urgency Does Not Warrant Ex-Parte Application
PRINCIPLE STATEMENT
If an applicant delays bringing an application until there is not enough time to put the other side on notice, it is self-induced urgency, not real urgency, and will not warrant an ex-parte application.
RATIO DECIDENDI (SOURCE)
Per Ejiwunmi, JSC, in Unibiz Nigeria Limited v. Commercial Bank Credit Lyonnais Ltd. (2003) NLC-152001(SC) at pp. 15–16; Paras E–A.
"If an incident which forms the basis of an application occurred long enough for the applicant to have given due notice of the application to the other side if he had acted promptly but he delays so much in bringing the application until there is not enough time to put the other side on notice, then there is a case of self-induced urgency, and not one of real urgency within the meaning of the law. This self-induced urgency will not warrant the granting of the application ex-parte."
EXPLANATION / SCOPE
Self-induced urgency does not justify ex-parte relief. The principle applies to civil procedure. The applicant must act promptly. The rule prevents abuse of ex-parte procedure. The court will examine the timing of the application. The principle is well-established.