Equitable Remedy (51)
HELD:
"But just by way of comment, it has been held that the gist of the doctrine of laches, etc, is this a plaintiff will be banned, unless he has been reasonably diligent, done seeking relief from the court.
HELD:
"In Nwakobi v. Nzekwu [1964] 1 WLR 1019 at 1023, the Privy Council discussing the nature of the defence of laches observed:
HELD:
''The Court of Appeal, has the power to reduce the scope of an "interlocutory" injunction granted by a trial court provided, there is justification for such a cause of action, by "cutting down" so to speak, to its proper size having regard to the mischief apprehended and established before the trial court.'' See GROUP DANONE & ANOR V. VOLTIC (NIGERIA) LIMITED (2008) LPELR-1341(SC) Per OGBUAGU, JSC. (P. 46, Paras. B-C)
HELD:
''It has been stated and restated in a line of decided authorities, that lower courts, should not upon a Ruling, in an interlocutory application, make orders which have the effect of pre-judging or pre-empting the issues for adjudication in the substantive suit before trying the suit.'' See GROUP DANONE & ANOR V. VOLTIC (NIGERIA) LIMITED (2008) LPELR-1341(SC) Per OGBUAGU, JSC. (Pp. 43-44, Paras. G-A)
HELD:
''An ex-parte Injunction, is expected to last for a very short time moreso, as the procedure, is likely to be abused by litigants.
HELD:
''In an application for an injunction pending the determination of the substantive claim, the Judge, has a duty to ensure that he does not in the determination of the application, determine the same issue or issues that would arose for determination in the substantive suit.'' See GROUP DANONE & ANOR V. VOLTIC (NIGERIA) LIMITED (2008) LPELR-1341(SC)Per OGBUAGU, JSC. (P. 44, Paras. B-D)
HELD:
"I should start by saying that the learned counsel for the Appellants is right when he said that the Appellants as defendants to the Respondents' Counter Claim, can rely on the defence of laches, acquiescence and standing by in answer and defence of the counter claim, which is a separate and distinct action from the main action by them.
HELD:
"Being equitable, the defences of laches and acquiescence would only be available to a defendant when the following conditions, set out in Okereke v. Nwankwo (supra), are met:-
HELD:
"I have in the circumstance given a sober and dispassionate consideration to the arguments of the learned senior counsel, on the issues addressed, and carefully studied the case law cited.
HELD:
"I have in the circumstance given a sober and dispassionate consideration to the arguments of the learned senior counsel, on the issues addressed, and carefully studied the case law cited.