Interlocutory Applications

Interlocutory applications refer to applications made to the Court in the course of pending
proceedings. Such applications may become necessary due to the occurrence or threatened
occurrence of an event while the substantive proceedings are still pending. Order 7. Rule 1.
Abuja, Order 39. Rule 1. Lagos.
Ordinarily, interlocutory applications require that there must be a substantive suit pending
in Court. Thus, an interlocutory application filed before the commencement of an action
will be incompetent.
However, where proceedings have not been commenced, an interlocutory application may
be filed along with an originating process and both served on the Defendant
simultaneously. Order 39. Rule 8. Lagos. Also, even after judgment is given at the end of a
case, a motion may be brought for instalmental payment of the judgment debt.
An interlocutory application may be made for any of the following reasons:
a. To remedy some defects in the substantive action
b. An interlocutory application may be a condition precedent to the proper
commencement of the substantive action
c. It may be aimed at seeking some temporary relief
d. It may be designed to nip the substantive action in the bud.
e. Interlocutory applications also ensure the speedy resolution of matters
When considering an interlocutory application, the Court is enjoined to keep away from
any live issue to determine the substantive suit at this stage.

Under the Lagos Rules, an interlocutory application shall be made by motion. Order 39.
Rule 1. Lagos. However, the Abuja Rules do not make it mandatory that the application be
made by motion but recommend the use of motions. Order 7. Rule 2(1). Abuja.

Motions
A motion is simply an application to Court for grant of relief prayed for by a party. A motion
must be in writing. A motion may also originate an action in special circumstances i.e.
Originating Motion.
An application made via motion may be:
1. Motion Ex parte. This is an application without the other party’s notice.
2. Motion on Notice. This means the adverse party is put on notice as his interest may
likely be affected.
See Order 39. Rule 3. Lagos, Order 7. Rule 7. Abuja.

Motion Ex Parte
Ex parte means “By or for one party, done for or on behalf, or on application of one party
only”. A motion ex parte is made for the benefit of one part only and without notice or
contestation by the adverse party. An Ex parte motion is mainly used where the interests of
the other party will not be prejudiced by not being put on notice. However, where the judge
considers it just, he may order that the adverse party be put on notice which will enable the
party to file a counter argument and make arguments against the application. He may also
order that the party affected appear in Court at a given date and time to show cause why
the order sought may not be granted. Order 7. Rule 10. Abuja, Order 39. Rule 3. Lagos.
Applications which can be brought by Motion Ex-Parte include:
1. Application to seek leave to issue a writ of summons to be served outside
jurisdiction.
2. Leave to bring suit in a Representative Capacity
3. Application for the grant of an Interim Injunction
4. Substituted Service
5. Leave to apply for Judicial Review. Order 40. Rule 3(2). Lagos.
6. Application to renew a Writ
7. Application for Garnishee Order Nisi
It is generally used in cases of extreme and real urgency and cases where irreparable injury
will ensue. It is generally not allowed where from the nature of the application, the interest
of the adverse party will be affected. An application by Motion Ex parte may be granted or
struck out by the Court. However, it must first be heard. Orders made Ex parte are
generally for a short duration and have a lifespan as provided under the rules of Court. In
Lagos, orders made Exparte abate after 7 days. Order 39. Rule 4. Lagos. Under the Abuja
Rules, an order ex parte which is not subjected to an application to vary or discharge by the
opposing party, shall last till the motion on notice is heard. Order 7. Rule 12. Abuja.
However, where an application to vary or discharge has been made by the opposing party,
it shall last for only 14 days, starting from the date of application.
Where the party affected by the order applies for it to be varied or discharged and the
application is not taken within 14 days of its filing, the order shall automatically lapse.
Where an application to vary has been duly filed and is taken within 14 days, the lifespan
of the order will lapse within 14 days of the conclusion of the argument.

Motion On Notice
A motion on notice puts the adverse party on notice of the application thereby giving him
an opportunity to respond to the application. Most motions should be on notice unless
otherwise prescribed. Order 39. Rule 3(1). Lagos. Where there is a doubt as to which type to
adopt, motion on notice ought to be adopted.

The contents of a motion include:

1. The Heading of the Court
2. Suit No.
3. Motion No.
4. Name of parties and their designation
5. The Type of Motion either “Motion Ex Parte” or “Motion on Notice”
6. The Title of the Application
7. Order or Rule under which it is brought
8. Body: “TAKE NOTICE that …”, “BY AN APPLICATION MADE EX PARTE…”
9. The Relief sought
10. Omnibus prayer
11. Date of the application
12. Signature: Name and Address of Applicant or his Counsel
13. Address for service where it is Motion on Notice.

The Supreme Court of Nigeria held that failure to state the Rule or Law under which an
application is brought is not sufficient to make the application incompetent, nor would it
make the consequential order of the Court invalid, provided the Court has jurisdiction.
Eboigbe vs. Nigeria Airways, Uchendu vs. Ogboni, Falobi vs. Falobi.
Even where the powers of the Court are invoked under a wrong rule, there will be no good
reason for refusing to make the order sought for, if the Court has jurisdiction to make the
order in the first place. Maja vs. Samouris.

Processing and Hearing of Motions

1. Unless the motion is Ex-parte, it must be served personally on the party. A service
on a party’s counsel is deemed proper service. Order 7. Rule 19 & 20. Abuja
2. A motion must be served within 5 days of filing and there must be 2 clear days
from service and hearing of the motion. Order 39. Rule 1(3) & 5. Lagos, Order 7. Rule
18. Abuja.
3. A party who wishes to oppose the application shall within 7 days of service of such
application on him, file his written address accompanied with a counter affidavit.
Order 39. Rule 4. Lagos
4. A motion (i.e. application) must be supported by affidavit and accompanied by a
written address in support. Order 39. Rule 1(2) & (3). Lagos, Order 7. Rule 3 & 23.
Abuja.
5. A Motion Ex-parte for an interim Order of injunction shall not be heard unless a
motion on notice has been filed. Order 7. Rule 7(3). Abuja. Order 39. Rule 3(2). Lagos.
6. A motion should be supported by an affidavit stating the facts upon which the
person bringing the motion relies. Order 39. Rule 1(1). Lagos, Order 7. Rule 3. Abuja.
An application cannot, except with leave of court, be heard on a fact not deposed
to in the affidavit. State v. Provincial Secretary
7. Where service of a motion is required, it must be served together with all the
affidavits on which the party relies. Order 7. Rule 21. Abuja

Moving a Motion in Court

Generally, moving a motion is by oral arguments:
 1. Introduction - Particulars of Motion. “Before this honourable court is an
application brought by Motion on Notice for __ (nature of motion) __ with Motion
No.___ dated the _____day of ___2013 and filed______
2. Rule or Section under which the Application is made. “The motion is brought
pursuant to __ (Rule or Section) ____and under the inherent jurisdiction of this Court”.
3. Reliefs. “My Lord, we seek the following reliefs… (read out reliefs)”
4. Affidavit. “My Lord, our motion is supported by a 10 paragraph affidavit sworn to by
___ (Name of Deponent to the Affidavit) ___. We rely on all the paragraphs of the
affidavit particularly paragraphs 4 - 9. Accompanying the affidavit are ___ exhibits
marked ___.”
5. Written Address. “In compliance with the rules of Court, we have also filed a written
address dated and filed on the ____ day of ____ in support of our application. We wish to
adopt same as our oral argument. My lord it is trite law that__ (short oral submission
on points of law if necessary) __”.
6. “We humbly pray this Honourable Court to grant our application. May it please the
Court/We are grateful, My Lord”

There are three orders which the Court can make on hearing an interlocutory application.
a. An order exactly as prayed in the application
b. An order less than as prayed in the application
c. An order dismissing or striking out the application
The Court cannot make an order over and above the reliefs sought in the motion.
Government of Gongola State vs. Tukur. The Court is duty bound to express in writing
whether it agrees with the application or not. Onyekwulife vs. Animashaun

Where there are two motions, one seeking to terminate the proceedings on grounds of
irregularity and the other seeking to regularize the irregularity, the latter shall be heard
first. NALS & Team Associates vs. NNPC, Consortium MC vs. NEPA. An example is where one
application is for entry of judgment for default of pleadings and the other is an application
for extension of time to file pleadings, the application seeking for extension of time will be
taken first.
Oral Applications
Oral applications may be made with respect to applications for adjournment, applications
to amend clerical errors on the face of motion papers, application for costs etc.

Affidavits
An affidavit is a written or printed declaration or statement of fact made voluntarily and
confirmed by oath or affirmation of the party making it, taken before a person having
authority to administer oath or affirmation. Sections 107 - 120. Evidence Act, Order 33.
Lagos, Order 8. Abuja.
The general rule is that all Motions are supported with Affidavits setting out the grounds
upon which a party intends to rely. However, an application founded on points of law alone
need not be supported by an affidavit. Erejuwa II vs. Deduwa.
An affidavit will be required with respect to:
1. All originating processes commenced by originating motions, petition, originating
summons.
2. All interlocutory applications based on facts
3. Commencement of claims under undefended list procedure
4. When the Court orders it

The contents of affidavit are stipulated under Section 115. Evidence Act 2011 and include:
1. Heading of the Court
2. Reference No: Suit No. and Motion No. (Motion No. where applicable)
3. Parties
4. Title of the affidavit
5. Introductory part containing the name and particulars of the deponent
6. The body of the affidavit to be in numbered paragraphs. State facts only either of
personal knowledge or from information believed to be true. Attach exhibits if
necessary.
7. Oath Clause
8. Signature of Deponent
 9. Attestation by a Commissioner of Oaths

Structure and Formal Requirements of Affidavits

1. Every affidavit shall be titled in the cause or matter in which it is sworn.
2. Affidavits are broken into paragraphs and each paragraph stands on its own.
3. The use of the word “that” at the beginning of every paragraph is not necessary.
4. The person deposing to the affidavit is known as the “Deponent”.
5. The Deponent must sign at the foot of the Affidavit
6. Every affidavit shall contain an “Oaths Act Clause” as “I make this solemn
declaration conscientiously believing the same to be true and by virtue of the
provisions of the Oaths Act”. Failure to indicate compliance with the provisions of the
Oaths act may render the affidavit invalid. Though a party may not use the exact
words as long as there is substantial compliance. Lonestar Drilling Nig. Ltd. vs.
Triveni Engineering & Ind.
7. Where there are documents referred to in the affidavit, copies of the documents
maybe attached to the affidavit and referred to as exhibits. A.G Enugu State vs. Avop
Plc.
8. Any inconsistency between a paragraph of an affidavit and an exhibit attached will
be resolved against the deponent.
9. The only way to controvert affidavit evidence is by another affidavit called Counter-
Affidavit.
10. Where a party, in his counter affidavit, fails, neglects or refuses to challenge or
contradict material facts of an affidavit, the unchallenged paragraphs of the affidavit
are deemed to be true and admitted by the party. Agbaje vs. Ibru Sea Food Ltd.
11. Where a party opposes a motion on grounds of law, he need not file a counter
affidavit.
12. Where there is an alteration or erasure in an affidavit, there must be an attestation
to this erasure in the corresponding margin.
13. Where an illiterate person makes an affidavit, it must contain a jurat.
14. If the deponent deposed to facts which he got from someone, he must state the
name of the informant, date of information and circumstances surrounding the info.
 15. The deponent can make the affidavit not on oath, but this may affect the weight to
be attached to the affidavit by the judge.
An affidavit must not contain extraneous matters but must contain only facts. Furthermore,
it must not contain legal arguments, legal conclusions, objections, or prayers. Section 115.
Evidence Act.

A Counter Affidavit is filed by the Respondent to controvert or deny the facts deposed to in
the Affidavit by the Applicant, or introduce new facts or issue. However, a Respondent
may decide not to file a Counter Affidavit in opposition if:
1. He opposes on points of Law. Here he may only file his Written Address.
2. He intends to rely on a document before the Court
3. If there are conflicting averments in the Affidavit
4. When facts deposed by applicant are true
5. The facts stated in the Affidavit are not enough to grant the prayer sought by the
Applicant.

In resolving material conflicting averments in affidavits, the Courts may call parties to give
oral evidence as to the correctness of an affidavit and cross examine them. Ebohon vs. A.G
Edo State, Ejesie v. Anuwu, Eze v. Okolonji. Where there is sufficient documentary evidence
either as Exhibits attached to the Affidavit or documents already before the Court, the

Court may rely on same in resolving the conflicts. Nwosu vs. ISESA, Eimskip Ltd. vs. Exquisite
Industries (Nig.) Ltd., Section 116. Evidence Act, Falobi vs. Falobi, Atanda vs. Olanrewaju.
The Court may not require evidence to be adduced in resolving conflicts where:
1. Where the conflict is domestic or inherent in the same affidavit.
2. Two affidavits emanating from the same party are in conflict
3. Immaterial contradictions
4. Matters refer to live issues to be dealt with in the substantive suit
5. Where party or counsel concedes to facts deposed to in the affidavit
An affidavit may be unchallenged. This occurs when the Respondent to an application
elects not to file a counter affidavit or to contradict some relevant paragraphs in the
affidavit in support of the Application. The effect is that the unchallenged affidavit or its
paragraphs is deemed an admission. Falobi v. Falobi
Where there is a Counter-Affidavit, a further and better affidavit may be filed by the
Applicant when new facts are stated in the Counter Affidavit or from the prayers. It may
also be filed when the Applicant gets new facts in support of his application.

Where a document is not attached to an affidavit, such documents cannot be relied on

during trial. However, an exception may occur where documents are tendered by way of
facts related to facts in issue. Where there is documentary evidence attached to any of the
affidavits as exhibits and such exhibit is favourable to the party making it, the Court will
use it to assess the oral testimony. Tanko v. First Bank of Nigeria Plc. In law, an annexure to
an affidavit is automatically part of the affidavit and are referred to as exhibits and not
annexure. A.G Enugu State v. Avop Plc., Order 33. Rule 8. Lagos, Order 8. Rule 9. Abuja.

An exhibit, being part of an affidavit, must be consistent with paragraphs deposed to in the
affidavit. Where therefore there is any contradiction or inconsistency between a paragraph
of the affidavit and the exhibit(s), a Court is bound to hold such contradiction or
inconsistency against the deponent.
Every certificate on all exhibits referred to in an affidavit signed by the commissioner
before whom the affidavit is sworn shall be marked with the short title of the proceedings.
Order 33. Rule 9. Lagos, Order 8. Rule 10. Abuja.

There exist several similarities between an affidavit and a Witness Statement on Oath:
1. Both must be made on oath
2. Both must have the same formal requirements
3. Both are generally required in Court proceedings
4. Both deponents who testify falsely can be charged with perjury
Differences between an Affidavit and a Witness Statement on Oath include:
 a. By virtue of Section 115(2) - (3). Evidence Act, prayers and opinions are not allowed
in Affidavits. However, prayers and opinions are allowed in Witness Statements on
Oath.
b. By virtue of Section 115(3) - (4). Evidence Act, hearsay evidence is allowed in
Affidavits subject to certain requirements. However, hearsay evidence is not
allowed in Witness Statements on Oath.
c. Affidavits need not be adopted by deponents to be valid evidence before a Court.
However, a Witness Statement on Oath has no evidential value until adopted by the
deponent. Section 107. Evidence Act.

Injunctions
An injunction is simply a Court order in the form of a preservative relief designed to
maintain the status quo between the parties pending the final determination of the suit or
pending a certain date. An injunction means an order of Court restraining someone from
doing an act or compelling someone to do an act. Generally, an injunction is an equitable
relief which lies at the discretion of the judge to grant or not to grant. Order 31. Abuja,
Order 39. Lagos.
An injunction may be:
1. Interim injunction
2. Interlocutory injunction
3. Mareva injunction
4. Anton Piller injunction
5. Interpleader Summons
6. Quia Timet injunction

Interim Injunction
An interim injunction is an injunction to last a short period until a further order or pending
the hearing of a motion on notice for an interlocutory injunction. Kotoye vs. CBN. An
application for an Interim injunction is usually made ex-parte. The duration of an interim
injunction is 7 days in Lagos and 14 days in Abuja. Order 39. Rule 3(3). Lagos. Order 7. Rule
12. Abuja. It is renewable for another period of 7 days in Lagos.
It is made in situations of urgency to prevent destruction of rights of a party and serves to
preserve the status quo until a named date or until an application for interlocutory
injunction is heard. It can be made before the hearing of an interlocutory application if it
appears that irreparable damage may be done before the hearing is completed. Olowu vs.
Building Stock Ltd.
An Affidavit of Urgency for an interim injunction must be filed together with a written
address. The Affidavit of Urgency will state the grounds for bringing the application and
must state sufficient grounds why delay in granting the order sought would entail
irreparable damage or serious mischief. It is applied for by Motion Ex parte supported with
an affidavit and a written address. It must be filed along with a Motion on Notice for
Interlocutory injunction. Order 39. Rule 1 & 3. Lagos, Order 7. Rule 7(3). Abuja. The prayers
in a motion ex-parte for an interim injunction are always couched: “AN ORDER OF
INTERIM INJUNCTION restraining… pending the determination of the motion on notice”.
An interim injunction may be vacated upon application by the Respondent. An application
for the vacation of an interim injunction is way of Motion on Notice, supported by an
Affidavit and Written Address. The prayer is couched: “AN ORDER vacating the Interim
Injunction granted on…”. The grounds for applying for the vacation of an interim injunction
are:
a. Failure or default in giving security for costs or undertaken as to damages
b. Where there was suppression or misrepresentation of facts. That is, the applicant
did not disclose material facts to the Court
c. Where it was obtained by fraud
d. Where it was irregularly obtained.
Even where an application to vacate the interim order is not made, the injunction will still
terminate after 7 days in Lagos or 14 days in Abuja. Order 7. Rule 12. Abuja. The
application to vacate it can be brought at any time during the life span of the order.

Interlocutory Injunction
It is a more permanent Order of the Court and it will last till the determination of the
substantive action.
An interlocutory injunction is applied for by Motion on Notice supported with an affidavit
and Written address. Kotoye vs. CBN, Ojukwu vs. Governor of Lagos State.

Conditions for the grant of both interim and interlocutory injunctions, to be evidenced in
the affidavit in support of the motion, are that:
a. The applicant has a legal right to protect. Obeya Memorial vs. A.G Federation
b. There are substantial issues to be tried by the Court. Union Beverages v. Pepsi Cola.
c. Damages against the Respondent will not be an adequate compensation
d. The balance of convenience must show that greater harm will occasion the
Applicant if an order of injunction is refused.
e. The applicant has acted in good faith or timeously
f. There is a full disclosure of the relevant facts to enable the Court to grant the
application
g. He has furnished undertaking/security as to any damages arising from the grant of
the application. CBN v. Ahmed
h. For interim injunction, that the grant is urgent otherwise the subject matter (res)
will be destroyed. Obeya Memorial Hospital vs. A.G Federation, Kotoye vs. CBN

Differences between interim and interlocutory injunctions include:

1. An Interim injunction is generally granted prior to an Interlocutory application
2. Interim injunctions last for a much shorter period
3. Interim injunctions are made EXPARTE while Interlocutory Injunctions are made
ON NOTICE
4. Interim injunctions last till the hearing of an Interlocutory Injunction while
Interlocutory Injunctions last till the pendency of the Motion.

Perpetual Injunction
This is an injunction given at the successful determination of the suit on its merits. It lasts
in perpetuity.

Mareva Injunction
It is applied for to restrain a person from removing his assets out of the jurisdiction of the
Court in a pending or proposed action. In Lagos, the order is not expressly contained under
the rules but can be made under Section 2. Lagos HCL. See Order 1. Rule 1(3) & Order 38.
Rule 1. Lagos, Mareva Compania Naviera SA vs. International Bulk Carriers, Order 15. Rule 1.
Abuja.

A Mareva injunction is applied for by Motion Ex Parte, or Motion on Notice if the address
for service of the supposed defendant is known, and supported with an affidavit and a
written address.
The Affidavit in support of the motion should disclose the following facts:
1. The particulars of the property to be attached or removed by the Respondent.
2. The Estimation of the assets in monetary terms
3. Full disclosure of the facts giving rise to the Application
4. Security or undertaken given for any damages arising from the grant of the
application
5. A Real belief that the properties/assets of the Respondent are being dissipated or
removed from the jurisdiction of the Court.

Conditions for the grant of mareva injunction are that:

a. The applicant has a cause of action at Law or Common Law
b. The respondent is removing his assets from the jurisdiction to frustrate a possible
judgment debt
c. Security for damages has been given
d. There is a full disclosure of the relevant facts
e. The balance of convenience is in his favour or that the applicant will be more
prejudiced if the application is not granted
f. That damages will not be enough compensation if the application is refused. See
Sotiminu vs. Ocean Steamship Ltd.
Under the Abuja, it does not matter whether the defendant is within or outside the
jurisdiction, what is relevant is that he has assets within the jurisdiction of the Court.
Anton Piller Injunction
The name emerged from this first case brought in this respect Anton Piller K.G. vs.
Manufacturing. The purpose of this injunction is to restrain the defendant from destroying
material evidence in his possession and which is valuable to the success of an action. This is
mostly frequently applied in copyright actions. Section 25. Copyright Act.
The Applicant may enforce the injunction at any reasonable time by day or night and is to
be accompanied by a police officer not below the rank of Assistant Superintendent of Police
to search the premises. This motion/injunction is to be made in the Federal High Court in
respect of copyright actions. Order 28. Rule 2. Federal High Court Rules, Order 38. Rule 4.
Lagos, Order 31. Rule 2. Abuja.

Conditions to be fulfilled by applicant include:

a. The applicant must have a strong prima facie case
b. The affidavit must also show that applicant stands a serious risks of potential
damage.
c. There must be clear evidence that the respondent has the goods in his possession.
d. There must be evidence that the Respondent may dispose the goods.
e. Undertaking as to damages if at the end of the suit, it turns out that applicant ought
not to have been granted the injunction.
See Ferodo vs. Uni Bros Stores
It is applied for by Motion Ex Parte supported with an affidavit and a written address. The
application is heard in camera (in private) so that the respondent is unaware of it and not
minded to quickly destroy the evidence in his possession.

An Order of Injunction of the Court can be voided or set aside by an application to vacate
the order via a Motion on Notice supported with an affidavit and a written address to be
filed by the respondent within 7 days of the grant of the order. The application can be
granted on the following grounds:
1. The applicant did not give any undertaken for Damages
2. There is a Suppression/Misrepresentation of Facts
3. The Order was obtained by Fraud
 4. Irregularly granted by the Court.
See Okafor vs. A.G Anambra State.

Interpleader Applications
Interpleader proceedings is available to a person in possession of or under a liability for
debt, money, goods or chattel, which he does not himself claim personally but with respect
to which there are rival claimants. The person in possession may be sued by the other rival
claimants if he delivers it to any one of them or he may be liable in tort if he delivers to the
wrong person. To avoid this, the person in possession may apply to the Court for relief by
way of interpleader summons to compel the rival claimants to interplead; that is, to take
proceedings against themselves in order to determine who is entitled to the property. This
application is usually applied for to request the Courts to determine the ownership of
anything claimed by many persons (as Claimants) to a particular item.
To qualify to apply for interpleader summons, by Order 26. Rule 1(1). Abuja and Order 43.
Rule 1. Lagos, the person seeking relief by way of interpleader must be under liability for
debt, money, goods or chattels and must either have been sued or expects to be sued by any
of the rival claimants.
The types of interpleader summons are:
1. Stakeholder/Third Party Interpleader. Where the applicant has not yet been sued
but expects to be sued. The expectation must be well founded. Diplock v. Hammond
2. Sheriffs Interpleader. The essence of this proceeding is to determine whether the
property belongs to the judgment debtor or not. Nwekeson v. Onuigbo. The Sheriff
Interpleader protects the third party from possible litigation from the Judgment
Creditor or the Rival Claimant.
See Holman Brothers Nig. Ltd. vs. Compass Trading Co., Section 34. Sheriffs and Civil
Processes Act, Proviso to Order 43. Rule 1. Lagos.
In Abuja, Interpleader proceedings are commenced by Originating Summons. However, if
it is in a pending suit it will be by a Motion on Notice. Order 26. Rule 3(1). Abuja. In Lagos, it
is commenced by an Interpleader Summons and there is no distinction between whether
an action has been commenced or not. Order 43. Rule 2(1). Lagos.
For an application for Interpleader Proceedings to be granted, the following conditions
must be satisfied and stated in the affidavit:
1. The applicant must have no interest in the res or subject-matter except the cost for his
action.
2. The applicant must not have colluded with any of the Claimants
3. The applicant must be ready to pay into Court the subject-matter of the dispute or
dispose of it as directed.
Order 26. Rule 4. Abuja, Order 43. Rule 2. Lagos.

Upon hearing the application, the possible orders that the Court can make include:
a. The Court may dismiss the application; or
b. If there is a pending action, the Court may order any of the rival claimants to be
made a defendant either in lieu of or in addition to the applicant; or
c. If there is no pending action the court may order that an issue be stated and tried
between the rival claimants, and direct which of the rival Claimants would be
Plaintiff/Claimant and Defendant.
See Order 26. Rule 7. Abuja & Order 43. Rule 6. Lagos.
By Order 26. Rule 8. Abuja & Order 43. Rule 8. Lagos, any rival claimant who is served with
the summons, but fails to appear or neglects to comply with an order made by the Court
after his appearance, may, by order of Court be barred from proceeding against the
applicant.

Ethical Issues
Bringing Application under Wrong Order or No Order:
The ethical issue involved as to bringing an application under the wrong order or no order
amounts to incompetence and lack of dedication and preparation in contravention to Rule
14 & 16(1)(b). RPC which amounts to professional negligence on the part of the Counsel.
However, it will not affect the substance of the case.

Abuse of Ex parte Injunction:

Rule 30. RPC states that a Lawyer is an officer of the Court and accordingly, he shall not act
or conduct himself in any manner that may obstruct, delay, or adversely affect the
administration of justice by bringing frivolous applications.
Rule 32. RPC provides that a Counsel shall not mislead the Court but shall deal candidly and
fairly with the Court.
Rule 32(3)(k). RPC provides that Counsel should not perform an act which is an abuse of
Court process or act which is dishonourable. Chief E. N. Okonkwo & ors. vs. AG Leventis

Judicial Examples
- Where a judge adjourned the hearing of ex parte injunction for 2 weeks and after
hearing, adjourned the ruling to another week, it was held to amount to an abuse of
Ex Parte injunctions. Morgan Airline Ltd v. Transnet. This was also held where a
Court adjourned a motion for interlocutory injunction sine die i.e. indefinitely.
- The practice of arrested ruling where a legal practitioner may apply to restrain the
judge from delivering his ruling has been held to qualify as an abuse of injunctions.
This is not in our Rules but it is practiced by some lawyers. Most times the Court will
not grant the application.
- An injunction was granted to two students who failed an exam restraining the
University from convocating the other students who passed successful. This was
held to be an abuse.
- Injunction restraining NEPA from commissioning an electrical plant in a town
because two contractors were in dispute over the contract. The injunction was
granted. This was an abuse of injunctions.

Swearing of Affidavit by Counsel

It is unethical for a counsel to swear an affidavit on behalf of his client. According to Rule
20(1). RPC, a lawyer shall not accept to act in any contemplated or pending litigation if he
knows or ought reasonably to know that he will be called as a witness. However, in
circumstances mentioned in Rule 20(2). RPC, a counsel can depose to an affidavit.

Delay in Filing Counter Affidavit

This would amount to negligence on the part of the respondent’s counsel as the judge
would act on the unchallenged or uncontradicted evidence and deem them to be admitted
and treated as such.

Sample Drafts
Interim Injunction

IN THE HIGH COURT OF LAGOS STATE

IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
SUIT NO: ______________
MOTION NO: ______________
BETWEEN:
MRS KAYUBA ADA - - - - - CLAIMAINT/APPLICANT
AND
AGRICULTURAL BANK PLC - - - DEFENDANT/RESPONDENT

MOTION EX PARTE
BROUGHT PURSUANT TO ORDER 38 RULE 4 OF THE LAGOS STATE HIGH COURT CIVIL
PROCEDURE RULES, 2012 AND UNDER THE INHERENT JURISDICTION OF THIS
HONOURABLE COURT

BY AN APPLICATION EX PARTE this Honourable Court will be moved on the ___ day of
________ 20__ at the hour of 9 o’clock in the forenoon or soon thereafter as counsel on behalf
of the Claimant/Applicant can be heard praying this Honourable Court for the following
orders:
1. AN ORDER OF INTERIM INJUNCTION restraining the Defendant/Respondent, their
agents, servants, privies, or any persons acting for them or on their behalf from
making use of the 500 (five hundred) tons of Cashew nut worth N10,000,000 (ten
million naira), supplied by the Claimant/Applicant as agreed under a contract
 signed by both parties pending the hearing and determination of the Motion on
Notice.
2. AND FOR SUCH FURTHER ORDER(S) this Honourable Court may deem fit to make
in the circumstances.

Dated this 28th Day of March, 2014

_______________________________
NDU GABRIELLA
COUNSEL TO CLAIMANT/APPLICANT
WHOSE ADDRESS FOR SERVICE IS:
18 WUSE STREET
IKOYI

…………………………………………………………………………………………………………………………………....
Affidavit in Support of Motion Ex Parte

IN THE HIGH COURT OF LAGOS STATE

IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
SUIT NO: _____________
MOTION NO: _____________
BETWEEN
MRS KAYUBA ADA - - - - - CLAIMANT/APPLICANT
AND
AGRICULTURAL BANK PLC - - - DEFENDANT/RESPONDENT

AFFIDAVIT OF FACTS IN SUPPORT OF INTERIM INJUNCTION

I, Mrs Kayuba Ada, a Female, Adult, Christian, Business Woman, Nigerian Citizen of No. 15
Asokoro Road, Ikoyi. Lagos do hereby make oath and state as follows:
1. I am the Claimant/Applicant in this case and by virtue whereof I am conversant with
the facts deposed to in this affidavit.
2. The Defendant/Respondent in this case is a Company duly incorporated under the
Companies and Allied Matters Act 1990 to carry on business as a bank and a
financial institution concerning agricultural products with its registered address at
No. 12 Kawasaki Road, Ikoyi, Lagos.
3. In March 2000, I entered into a contract with the Defendant/Respondent to supply
500 (five hundred) tons of Cashew Nut worth N10,000,000 Naira (ten million) only
to them for onward exportation to Malaysia. A copy of the contract agreement is
hereby attached as Exhibit A1.
4. A clause in the agreement was for the Defendant/Respondent to make a down
payment of N3,000,000 Naira (three million) before exportation and for the balance
of N7,000,000 (seven million) Naira to be paid when the goods reaches its
destination.
5. The down payment of N3,000,000 was made on the 25 th of March, 2000 and the
goods were transported to Malaysia.
6. The Defendant/Respondent has failed, refused or neglected to pay the balance sum
of N7,000,000 despite letters that were sent to them. The letters are attached and
marked as Exhibit A2.
7. A delivery note dated 18 March 2000 issued by me and signed by Mr Kenke, the
Warehouse Manager and agent of the Defendant/Respondent who received the
goods is attached and attached as Exhibit A3.
8. The certificate of inspection and quality assurance issued by Mr Kenke showing the
receipt of the goods and the good condition and the quality of the goods is attached.
9. The Defendant/Respondent has not paid in full for the goods and they may use the
entire 500 (five hundred) tons of Cashew Nuts which shall be to my detriment.
10. I will suffer loss if the application is rejected.
11. I have not delayed in bringing this application.
12. I make this oath in good faith conscientiously believing the contents to be true and
correct and in accordance with the Oaths Act.
___________________________
DEPONENT

Sworn to at The High Court Registry, Lagos

This ___ Day of ___________ 20___

BEFORE ME

_________________________________
COMMISSIONER FOR OATHS

…………………………………………………………………………………………………………………………………....
Affidavit of Urgency

IN THE HIGH COURT OF LAGOS STATE

IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
SUIT NO: ______________
MOTION NO: ______________
BETWEEN:
MRS. KAYUBA ADA - - - - - CLAIMANT/APPLICANT
AND
AGRICULTURAL BANK PLC - - - DEFENDANT/RESPONDENT

AFFIDAVIT OF URGENCY IN SUPPORT OF MOTION FOR INTERIM INJUNCTION

I, Mrs. Kayuba Ada, Female, Christian, Nigerian Citizen, Business Woman of No. 12 Adan
Road, Lagos do hereby make oath and state as follows:
1. I am the Claimant/Applicant in this suit and by virtue of which I am conversant with
the facts of this case.
2. I entered into a contract with the respondent on 30 th September 2013 for the supply
of the hundred tons of cashew nut worth N10, 000,000.00 only (Ten million naira)
 for onward transportation to Malaysia. A copy of the contract agreement is hereby
attached and marked Exhibit A1.
3. By the term of the contract, the sum of N3,000,000.00 will be paid before the
exploration and the balance of N7,000,000.00 will be paid when the goods arrive its
destination in Malaysia.
4. The Respondent has paid the sum of N3,000,000.00 where upon/supplied the five
hundred tons of cashew nut to its destination on 2nd October, 2012.
5. I was issued a delivery Note dated 2/10/12 which was signed by Mr. Banky the
Warehouse Manager who took delivery of the goods, same is attached and marked
exhibit A2.
6. A certificate of inspection and quality assurance was issued to me by the said Mr.
Banky and same is attached and marked Exhibit A3.
7. Since the goods were supplied the Respondent has failed refused or neglected to pay
the balance of N7 million despite repeated demands.
8. The Defendant/Respondent has already begun using the cashew nuts/supplied and
there is urgent need to stop them in order to preserve the subject matter in this
case.
9. I would suffer loss if this application is refused.
10. I have no delayed in bringing this application and I give an undertaking as to
damages.
11. I make this oath in good faith conscientiously believing the contents to be true and
correct and in accordance with the oaths Act.

_____________________
DEPONENT

Sworn 10th at the High Court Registry, Lagos.

This 14th day of January 2014

BEFORE ME
 ________________________________
COMMISSIONER FOR OATH

…………………………………………………………………………………………………………………………………....
Written Address in Support of Motion Ex Parte

IN THE HIGH COURT OF LAGOS STATE

IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
SUIT NO: _______________
MOTION NO: _______________
BETWEEN:
KAYUBA ADA - - - - - - CLAIMANT/APPLICANT
AND
AGRICULTURAL BANK PLC - - - - - - DEFENDANT

WRITTEN ADDRESS IN SUPPORT OF MOTION EX PARTE

1. INTRODUCTION

2. BRIEF FACTS OF THE CASE

The Claimant/Applicant entered into a contract on the 30 th day of December 2012
with the Respondent for the supply of cashew nuts worth’s N10,000.000.00. The
Applicant has since supplied cashew nuts. The Respondent has only paid N3 million
and the outstanding balance of N7 million is yet to be paid.

3. ISSUE FOR DETERMINATION

1. Whether the court ought to grant the application for interim injunction in the
circumstances of the instant case

4. LEGAL ARGUMENT
 The law is that where there is an urgency and a threat to the res in the court may
make an order of interim injunction restraining party from destroying the res. Thus
this order is made to preserve rights of the party as provided by Order 38 Rule 1
Lagos State Court Civil Procedure Rules 2012. In the instant case, if the Respondents
are not restrained from selling the cashew nuts, this would be of a great
disadvantage to the Applicant’s case.

5. CONCLUSION
Having considered the foregoing, I humbly urge my Lord to grant our prayers as
prayed on the motion paper.

6. LIST OF AUTHORITIES
Order 38. Rule 1, 4 & 8. High Court of Lagos State (Civil Procedure) Rules 2012.

Dated this ___ Day of __________ 20__

________________________
NDU GABRIELLA
SOLICITOR TO THE APPLICANT
BINGHAMS AND ASSOCIATES
NO. 18 WUSE STREET
IKOYI
LAGOS STATE

…………………………………………………………………………………………………………………………………....

IN THE HIGH COURT OF LAGOS STATE

IN THE IKEJA JUDICIAL DIVISION
HOLDEN AT IKEJA
SUIT NO: _______________
MOTION NO: _______________
BETWEEN:
CROWN KITCHEN LTD - - - - - CLAIMANT/APPLICANT
AND
K & T LTD. - - - - - - - DEFENDANT

MOTION EX PARTE
BROUGHT PURSUANT TO ORDER 39 RULE... OF THE HIGH COURT OF LAGOS STATE
(CIVIL PROCEDURE) RULES 2004 AND WITHIN THE INHERENT JURISDICTION OF
THIS HONOURABLE COURT
BY AN APPLICATION EX PARTE this Honourable Court will be moved on the ___ day of
____________ 2012 at the Hour of 9 O’ clock in the forenoon or so soon thereafter as Counsel
for the Claimant/Applicant will be heard praying this Court for:
1. AN ORDER OF INTERIM INJUNCTION restraining the Defendants, their Agents,
Servant and any Person acting on their behalf from holding itself out as the sole
owner of the business of K & T pending the determination of the Motion on Notice.
2. AN ORDER OF INTERIM INJUNCTION restraining the Defendant, their Agents,
Servants or any person acting on their behalf from selling or dissipating the assets of
the business of K & T which the defendants have advertised for sale in the next five
days pending the determination of the Motion on Notice.
3. AND FOR SUCH FURTHER ORDER(S) as this Court may deem fit to make in the
circumstances.

Dated this ___ day of ________________ 2012.

_______________________________
NDU GABRIELLA
Counsel to the Claimant Whose address is:
No. 10 Yaba Road, Lagos

NB:
This application is to be filed and served with an affidavit and a written address.
…………………………………………………………………………………………………………………………………....
Interlocutory Injunction

IN THE HIGH COURT OF LAGOS STATE

IN THE IKEJA JUDICIAL DIVISION
HOLDEN AT IKEJA
SUIT NO: __________________
BETWEEN:
CROWN KITCHEN LTD. - - - - - CLAIMANT/APPLICANT
AND
K & T LTD. - - - - - - DEFENDANT/RESPONDENT
MOTION ON NOTICE
BROUGHT PURSUANT TO ORDER 38 RULE 8 OF THE HIGH COURT OF LAGOS STATE
(CIVIL PROCEDURE) RULES 2004 AND WITHIN THE INHERENT JURISDICTION OF
THIS HONOURABLE COURT
TAKE NOTICE that this Honourable Court will be moved on the ____ day of ____________ 2012
at the Hour of 9 O’ clock in the forenoon, or so soon thereafter as Counsel for the
Claimant/Applicant will be heard, praying this Court for:
1. AN ORDER OF INTERLOCUTORY INJUNCTION restraining the Defendants, their
Agents, Servants, Privies and any person acting on their behalf from holding itself out
as the sole owner of the business of K & T pending the determination of the suit.
2. AN ORDER OF INTERLOCUTORY INJUNCTION restraining the Defendant, Agents,
Servants, Privies or any Person acting on their behalf from selling or dissipating the
assets of the business of K & T which the defendants have advertised for sale in the
next five days pending the determination of the suit.
3. AND FOR SUCH FURTHER ORDER(S) as this Court may deem fit to make in the
circumstances.

Dated this ____ day of _____________________ 2012.

 ____________________________
SAMUEL AYODEJI
COUNSEL TO THE CLAIMANT
WHOSE ADDRESS IS:
NO. 10 YABA ROAD,
LAGOS
FOR SERVICE ON:
K & T LTD.
C/O COUNSEL
EZENDUKA CHIOMA
NO. 5 LAGOS ROAD
…………………………………………………………………………………………………………………………………....

IN THE HIGH COURT OF LAGOS STATE

IN THE IKEJA JUDICIAL DIVISION
HOLDEN AT IKEJA
SUIT NO: _______________
BETWEEN:
CROWN KITCHEN LTD - - - - - CLAIMANT/APPLICANT
AND
K & T LTD. - - - - - DEFENDANT/RESPONDENT

AFFIDAVIT IN SUPPORT OF MOTION ON NOTICE FOR INTERLOCUTORY INJUNCTION

I, Emeka Wogu, Adult, Male, Christian and a Nigerian Citizen of No. 15 Ikoyi Road, Lagos do
hereby make oath and state as follows:
1. That I am the managing director of the Claimant/Applicant and by virtue of which I
am conversant with the facts of this case.
2. That I have the consent and authority of the Claimant/Applicant, my employer, to
depose to this affidavit.
 3. That I know as a fact that in the year 2006, both the Claimant and the Defendant
entered into an agreement to run a fast food business as a joint venture, a copy of the
agreement is attached and marked as exhibit A.
4. That it was a term of the agreement to share all the properties and profits equally.
5. That the Defendant/Respondent has since been in charge of the business and has not
been rendering accounts to the Claimant/Applicant.
6. The defendant has on several occasions boasted that the business of K & T solely
belongs to it.
7. That the Defendant/Respondent has already advertised for the sale of K & T‘s
properties within the next five days, a copy of this day newspaper dated the 10 of June
2012 is attached hereto and marked as exhibit B.
8. That damages will not be enough compensation to the Claimant/Applicant if the
properties are sold.
9. It is more in the interest of justice to grant this application.
10. That I make this statement in good faith believing its contents to be true and correct
in accordance with the Oaths Act.

_____________________________
Deponent

Sworn to at the High Court Registry, Ikeja

This ___ day of _________ 2012

BEFORE ME

______________________________
COMMISSIONER OF OATHS
…………………………………………………………………………………………………………………………………….

IN THE HIGH COURT OF LAGOS STATE

IN THE LAGOS JUDICIAL DIVISION
 HOLDEN AT LAGOS
SUIT NO: ________________
MOTION NO: ________________
BETWEEN:
CROWN KITCHEN LTD. - - - - - CLAIMANT/APPLICANT
AND
K&T LTD. - - - - - DEFENDANT/RESPONDENT

COUNTER AFFIDAVIT IN OPPOSITION TO APPLICATION FOR INTERLOCUTORY

INJUNCTION
I, Idoko Reuben, Adult, Male, a Director of K&T Ltd, a Nigerian of Road 16, Plot 24B, Federal
Housing Estate, Ikoyi do here by make this oath and state as follows:
1. That I am a Director of K & T Ltd, the Defendant/Respondent in this case and that by
virtue of my position, I am conversant with the facts of this case.
2. That I have the consent and authority of the Board of Directors of the
Defendant/Respondent Company to depose to this affidavit.
3. That the Defendant/Respondent is a Limited Liability Company incorporated under
the laws of the Federal Republic of Nigeria.
4. That paragraphs 3, 4, 5 and 7 of the affidavit in support of the motion on notice for
an interlocutory injunction by the Claimant/Applicant is not true.
5. That there was an agreement on 6th day of June, 2006 between Crown kitchen Ltd.,
Claimant/Applicant and K&T ltd, Defendant/Respondent, in which crown kitchen
sold their buildings and equipment’s to K & T Ltd. for a sum of N2 million Naira as
consideration.
6. That a copy of the contract agreement contained in a deed of assignment is attached
and marked as Exhibit A.
7. That there was no agreement between Crown Kitchen Ltd. and K&T Ltd. to share
profits and properties.
8. That the buildings and equipment’s belongs to K&T Ltd. as sole owners and they
have no obligation to render account to Crown Kitchen Ltd.
 9. That the Defendant/Respondent will incur expenses and inconveniences if the
application is granted.
10. That the Defendant/Respondent will be prejudiced if the application is granted.
11. That it will be in the interest of justice to refuse the application for interlocutory
injunction.
12. That I swear to this affidavit and conscientiously believing its contents to be true
and in accordance with the Oaths Act.

__________________________________

DEPONENT

Sworn to at The High Court Registry, Lagos

This 10th day of December, 2013

BEFORE ME

__________________________________
COMMISSIONER FOR OATHS

…………………………………………………………………………………………………………………………………….
Ruling for Interim or Interlocutory Injunction

IN THE HIGH COURT OF LAGOS STATE

IN THE IKEJA JUDICIAL DIVISION
HOLDEN AT IKEJA
SUIT NO: _______________
MOTION NO: _______________
BETWEEN:
CROWN KITCHEN LTD. - - - - - CLAIMANT/APPLICANT
AND
K & T LTD. - - - - - - DEFENDANT/RESPONDENT

RULING
This ruling is hinged on a Motion No.__, dated ____ and filed on the ____ day of ________ 2014
wherein the Claimant/Applicant is praying for the following reliefs:
1. AN ORDER OF INTERLOCUTORY INJUNCTION restraining the Defendants, their
Agents, Servants, Privies and any person acting on their behalf from holding itself
out as the sole owner of the business of K &T pending the determination of the
suit.
In support of motion on notice is an 8 paragraph affidavit deposed to by __(Name of
Deponent)__. Attached to this affidavit is exhibit A and B
Exhibit A Is______________
In compliance with the rules of this court, Counsel for the Claimant/Applicant filed a
written address in support of motion on notice and adopted same as legal argument.

- Summarize the case of the applicant flowing from the affidavit.

- State conditions for interlocutory injunction. Obeya vs. Memorial Hospital Etc.
- Using the facts deposed to by the plaintiff state whether the conditions were
complied with and resolve it in favour or against the plaintiff.
- Comment on counter affidavit, if any.
Conclusion - On the whole, based on an analysis of the facts deposed to in
Claimant/Applicant’s affidavit, I have no doubt that the Claimant/Applicant has established
the conditions necessary for the grant of interlocutory injunction. I so hold.

Consequently, I hereby declare as follows:

1. AN ORDER OF INTERLOCUTORY INJUNCTION restraining the Defendant, Agents,
Servants, Privies or any Person acting on their behalf from selling or dissipating the
assets of the business of K & T which the defendants have advertised for sale in the
next five days pending the determination of the substantive suit.

This is ruling of this court.

____________________
Ndu gabriella
Judge

…………………………………………………………………………………………………………………………………….
Anton Piller Injunction

IN THE HIGH COURT OF LAGOS STATE

IN THE IKEJA JUDICIAL DIVISION
HOLDEN AT IKEJA
SUIT NO: __________________
BETWEEN:
CROWN KITCHEN LTD. - - - - - CLAIMANT/APPLICANT
AND
K & T LTD. - - - - - - - - - DEFENDANT

MOTION EX PARTE
BROUGHT PURSUANT TO SECTION 25 OF THE COPYRIGHT ACT, ORDER RULE… OF
THE HIGH COURT OF LAGOS STATE (CIVIL PROCEDURE) RULES 2004 AND WITHIN
THE INHERENT JURISDICTION OF THIS HONOURABLE COURT
BY AN APPLICATION EX PARTE this Honourable Court will be moved on the ____ day of
________ 2012 at the Hour of 9 O’ clock in the forenoon or so soon thereafter as Counsel for
the Claimant/Applicant will be heard praying this Court for:
1. AN ORDER restraining the Defendants, their Agents, Servant and any Person acting
on their behalf from destroying all the vouchers receipts used in the conduct of the
business of K & T in its possession.
2. AND FOR SUCH FURTHER ORDER(S) as this Court may deem fit to make in the
circumstances.

Dated this ____ day of ______________ 2012.

___________________________
Samuel Ayodeji
Counsel to the Claimant
Whose address is:
No. 10 Yaba Road, Lagos

NB:
This application is to be filed with an affidavit and a written address.