Supreme Court 29th December, 2006.
Justices: Umaru Atu Kalgo, JSC, Niki Tobi, JSC, Mahmud Mohammed, JSC, Ikechi Francis Ogbuagu, JSC
Francis Fedode Tabai, JSC
Subject Matter(s):
Ex-Parte Order of Injunction
Purpose of and Life Span of Interim Order of Injunction
Exparte Order of Injunction Not Unconstitutional and When to Grant – Court to be Wary
Contract which Seeks to Circumvent Statute is Void and Unenforceable
A Contract Declared Void with a Penalty is Illegal
Person Who Has Benefited from a Loan Cannot Allege Same to be Null and Void
Doctrine Does Not Operate to Defeat Title to Property Which Had Vested before Commencement of Litigation
Doctrine of Pendente Lite is Binding not Only on Parties but Also Those Deriving Title Under Them – Suit Must Be in Full Prosecution
Hearing Notice Not to be Issued Each Time Case is Adjourned
Litigant Should Not Take Inordinate Time
Not Every Time There is Delay that Appeal is Allowed
Any Person Who Alleges Any Breach of Rules of Fair Hearing Has the Burden of Proof of Same
Final Order: Appeal Dismissed.