CIVIL PROCEDURE — Interim Injunction — Ex parte Order — Grounds for Discharge
Ratio Decidendi
Per Onnoghen, JSC, in Universal Trust Bank Ltd & Ors v. Dolmetsch Pharmacy (Nig.) Ltd (2007) NLC-123-80-2002(SC) at pp. 13–14; Paras A–C:
"The grounds on which the court will set aside, vary or discharge an order of interim injunction made ex parte include the following: (i) if the plaintiff has not used his administrative powers that might have resolved the difficulty; (ii) if default has been made in giving security for costs; (iii) if the affidavit has not been filed when the injunction was moved for; (iv) if it was granted on a suppression or misrepresentation of material facts; (v) if it was irregularly granted; (vi) if the plaintiff failed to attend to be cross examined; (vii) if there has been delay in complying with an undertaking to amend the writ by adding a party as plaintiff; (viii) if there is non-disclosure of material facts."
Explanation / Scope
This principle lists the grounds for discharging an ex parte interim injunction. These include failure to exhaust administrative remedies, default in security for costs, non-filing of affidavit, suppression or misrepresentation of material facts, irregular grant, failure to attend cross-examination, delay in complying with undertakings, and non-disclosure of material facts. The principle ensures that ex parte orders are not abused. It applies where a party seeks to set aside an ex parte injunction. The court has discretion to discharge or vary. The principle protects the respondent from orders obtained unfairly. The applicant must act with utmost good faith.