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  • Ranston Properties Ltd v. F.B.N. Plc
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  • 2007-12-03
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Ranston Properties Ltd v. F.B.N. Plc

RANSTON PROPERTIES LIMITED

V

FIRST BANK OF NIGERIA PLC

V

STABILINI VISINONI LIMITED

COURT OF APPEAL

( LAGOS DIVISION )

CLARA BATA OGUNBIYI JCA ( Presided and Read the Lead Ruling )


PAUL ADAMU GALINJE JCA

ADZIRA GANA MSHELIA JCA

CA/L/324M/2006

MONDAY, 23RD JULY, 2007

COURT - Speculation - Duty on court not to engage in

INJUNCTION - Interlocutory injunction - Applicant for - Legal interest of in the res sought to be protected - Determination of - Material relevant for

INJUNCTION - Interlocutory injunction - Applicant for - Onus on Grant of - When court may refuse

INJUNCTION - Interlocutory injunction - Applicant for - Res to be protected by grant of - Legal interest in - Onus on to establish

INJUNCTION - Interlocutory injunction - Discretionary powers of court to grant or refuse - How must be exercised

INJUNCTION - Interlocutory injunction - Equitable nature of - Duty on court when considering application for

INJUNCTION - Interlocutory injunction - Grant or refusal of - Principles guiding

INJUNCTION - Interlocutory injunction - Meaning of - Purpose of

INJUNCTION - Interlocutory injunction - Need to be based on substantive reliefs sought

INJUNCTION - Party in the right - Duty of court not to restrain

JUDGMENT AND  ORDERS - Orders - Jurisdiction of court to make Limitation of

JURISDICTION - Orders - Jurisdiction of court to make - Limitation of

WORDS AND PHRASES - ‘Interlocutory injunction’ - Meaning of - Purpose of

Issue:

Whether the application for an order of interlocutory injunction by the applicant satisfied the conditions warranting the exercise of discretionary powers of court to grant.

Facts:

The applicant was granted a sub-underlease by a sublessee. It mortgaged its interest in the land without the consent of the sublessee contrary to the lease agreement and the sublessee took out an action against the applicant, praying the High Court of Justice of Lagos State for an order of forfeiture and injunction restraining the applicant from taking any action in respect of the property. The trial court granted the prayers. Aggrieved, the applicant took out an action which was struck out for want of diligent prosecution. It appealed against the court’s ruling to the Court of Appeal. It thereafter filed a motion on notice seeking a grant of interlocutory injunction from the Court of Appeal.