Appellant had brought an action for a declaration that a dealer agreement between it and the respondent was determined, and for an injunction among other reliefs. Before pleadings were filed, the appellant brought a motion under s. 224(1) of the High Court of Bendel State Law, 1976 and Order 19 rr. 9 and 11 of the High Court of Bendel (Civil Procedure) Rules, for an order commanding and/or enjoining the respondent by himself his servants, workmen and agents, to hand over to the appellant the equipment, together with the keys thereto, petroleum and oil products etc, lying and situate at Warri/Sapele Road, pending the determination of the substantive suit and thereafter, for an order restraining the respondent from trespassing on the petrol filing and Service Station pending the determination of the suit.

The High Court granted the application. Respondent appealed to the High Court for leave to appeal but the application could not be heard by the High Court before the expiration of the statutory period for hearing.

Respondent applied to the Court of Appeal for (1) an extension of time within which to appeal against the High Court’s ruling (2) leave to appeal against the ruling and (3) stay of execution of the ruling/decision of the High Court Warri. The Court of Appeal granted all three prayers.

Appellants appealed.