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CaseLaw

Emerah V. Chiekwe (1995) CLR 4(m) (CA)

Judgement delivered on April 25th 1995

Brief

  • Fair hearing
  • Discretion of court
  • Interlocutory injunction and interim order of preservation
  • Preservative order
  • English Court decisions

Facts

The respondent who was the plaintiff in the High Court sued the appellants as defendants and by a motion prayed the court for the following order:

  • "Detention and preservation of the vehicle with identification mark No. AN 8896 G formerly with identification mark No. NPF 6283 within the court premises pending the determination of this suit or in the alternative, that the defendants jointly and severally deposit the sum of N250.000 (Two hundred and Fifty thousand Naira) being the market value of the said vehicle."

    • In his ruling, the learned trial Judge ordered the appellants to produce the said Mercedes Benz Tipper Towing Van Engine No. 056161; Chassis No. 201536; Registration No. AN 8896 G formerly No. NPF 6283 which was in the possession of the appellants to the High Court premises, Enugu within 24 hours.

    The appellants were dissatisfied with the order and they appealed to the Court of Appeal.

    The respondent filed a preliminary objection to the appeal on the ground that the appellants failed to obtain the leave of the court before appealing as the grounds of appeal involved questions of mixed law and fact for which leave of court is required.

    Issues

    • 1.
      Whether this is a matter where the appellants ought to have sought ...
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