APPELLATE PRACTICE — Interlocutory Appeals — Jurisdiction — Application for Mandatory Injunction Is Not a Contempt Proceeding
Ratio Decidendi
Per Tobi, JSC, in Unibiz Nigeria Limited v. Commercial Bank (Credit Lyonnais (Nig.) Limited) (2005) NLC-702000(SC) at pp. 6–7; Paras D–A:
"I entirely agree with learned counsel for the respondent that the respondent's application dated 19th November, 1999 'was more in the nature of a prayer for a mandatory order of injunction than one of enforcement of orders made by the court.' And what is more, the Court of Appeal did not give any contempt order, vide relief No.3 in the respondent's application."
Explanation / Scope
An application for mandatory injunction is not the same as contempt proceedings. The principle applies to interlocutory appeals and jurisdiction. The court must properly characterize the nature of the application before ruling.