Ratio Decidendi

Per Onnoghen, JSC, in Universal Trust Bank Ltd & Ors v. Dolmetsch Pharmacy (Nig.) Ltd (2007) NLC-123-80-2002(SC) at p. 11; Paras A–C:

"The time relevant in determining urgency justifying the grant of ex parte interim order of injunction is the time between the happening of the event which is sought to be restrained and the date the application for an injunction could be heard if taken after due notice to the other side."

Explanation / Scope

This principle establishes the test for urgency in ex parte injunction applications. The relevant time is between the event sought to be restrained and the date the application could be heard on notice. If this period allows sufficient time for notice, ex parte relief may not be justified. The principle ensures that ex parte relief is only granted where there is genuine urgency. It applies in all applications for ex parte injunctions. The applicant must demonstrate that delay would cause irreparable harm. The principle protects the respondent’s right to be heard. The court must assess the urgency on the facts. The principle prevents abuse of ex parte procedure.

Cases Applying This Principle