LEGAL PRINCIPLE: CIVIL PROCEDURE — Ex Parte Applications — Discretion of Court to Grant Audience
PRINCIPLE STATEMENT
The court has an unimpeded right upon the hearing of a motion ex parte to order that other parties who may be affected be put on notice; the court may refuse an application by affected parties to be heard in defence of an ex parte motion.
RATIO DECIDENDI (SOURCE)
Per Adio, JSC, in *7-Up Bottling Company Ltd. & Ors v. Abiola and Sons Nigeria Ltd.* (1995) NLC-1911989(SC) at pp. 24-25; Paras E-A.
"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."
EXPLANATION / SCOPE
The court has discretion whether to allow affected parties to be heard on an ex parte application. The court may refuse such a request. The principle ensures that ex parte applications are not automatically converted to motions on notice. The court must exercise discretion judicially. The rule applies to all ex parte applications. The court may consider the urgency and nature of the application. The affected party may apply to vary or discharge any order made. The principle preserves the utility of ex parte proceedings. The court will not allow frivolous applications to derail legitimate ex parte relief.