CaseLaw
Ubuluku-Uku V. Edumodu (1999) CLR 10(g) (CA)
Brief
Facts
By a motion on notice filed in Suit NO. 0/48/89, the appellants sought for an order of interim injunction against the 2nd to 13th respondents, in the Ogwashi Uku Judicial Division of the then Bendel State High Court (now Delta State) The application was based on affidavit evidence. However, before the application for interim injunction was heard, both parties had filed and exchanged pleadings Arguments were proffered by counsel for the parties on the prayer sought. The trial court granted the prayer.
The respondents being dissatisfied with the ruling appealed to the Court of Appeal but instead of prosecuting the appeal against the ruling, abandoned it in order to strike out Suit No. A/65/90 between the same parties pending before the Asaba Division. Meanwhile, an earlier application for interim injunction filed in another suit by the appellants before the Ogwashi Uku Customary Court had been struck out on the ground of lack of locus standi. The respondents contended that the appellants lacked locus standi and that the matter was res Judicata relying on the earlier decision of the Ogwashi-Uku Customary Court. The court however, ruled that though the matter was not caught by the doctrine of res Judicata, the appellants had no locus standi to prosecute the matter. One of the issues raised by the respondents before the Asaba Division of the High Court was that the issues raised in the case were earlier on canvassed the an Area Customary Court, Ogwashi-Uku.