Respondent filed for maintenance along with the institution of conjugal rights as well as an order for specific performance against the appellant.

During the pendency of the suit, respondent sought for an order for maintenance against the appellant pending the determination of the petition along with an order of interlocutory injunction against the appellant from selling the property situated at No. 172 Mission /road until the petition is determined.

Appellant then swore to a counter-affidavit deposing to a subsisting prior marriage.

The trial court held that the respondent made out a prima facie case for the grant of her application whilst ruling that the counter-affidavit of the appellant is rendered nugatory.

It also granted the prayers for maintenance and injunction sought by the respondent at the interlocutory stage.