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COURT SHOULD ENSURE THAT AN INTERIM ORDER IS NOT ALLOWED TO OVERSTAY

Dictum

Courts must ensure that an ex-parte order of injunction is not allowed to over stay. Delay or in-action is not tolerated by the Court. Counsel to the party that obtained on interim order should move past haste to see that all that needs to be done is done in order not to make it look as if getting the exparte injunction was all that concerned him. Such Counsel must not lose sight of the fact that an extraordinary jurisdiction has been exercised in his clients favour, the purpose for which is to grant the Plaintiff’s a temporary very temporary relief. A few days, or perhaps until further order upon hearing of the motion on notice. But when a situation is created making the further order unlikely to come soon and for which the Plaintiff cannot avoid blame or being suspected, then the life of the Ex-parte Order of injunction is unduly prolonged. In such circumstances, the Court may be justified to intervene.

— U.M. Abba Aji JSC. Agbomagbo & Anor. V. Oloku Okpogo & Ors. (CA/B/147/2000, 5 May 2005)

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