CIVIL PROCEDURE — Interim Injunction — Ex parte Order — Suppression of Material Facts
Ratio Decidendi
Per Onnoghen, JSC, in Universal Trust Bank Ltd & Ors v. Dolmetsch Pharmacy (Nig.) Ltd (2007) NLC-123-80-2002(SC) at p. 14; Paras D–E:
"It is no excuse for the plaintiff or a party to say that he was not aware of the importance of the facts which have been suppressed or not brought to the attention of the court. The law is that the court will deal strictly with a party applying ex parte and who had misrepresented or suppressed material facts."
Explanation / Scope
This principle establishes that ignorance of the importance of suppressed facts is no excuse in ex parte applications. The court will deal strictly with applicants who misrepresent or suppress material facts. The principle applies to all ex parte applications. The applicant must disclose all material facts, even those adverse to their case. The principle ensures that ex parte orders are obtained on a full and frank disclosure. It reflects the high duty of good faith required in ex parte applications. The court may discharge the order on proof of suppression. The principle prevents abuse of the ex parte procedure.