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Administrator-general Cross River State V. Chukwuogor (Nigeria) Limited & Ors. (2006)

LawGlobal-Hub Lead Judgment Report

NWALI SYLVESTER NGWUTA, J.C.A.

On 2/6/03 the plaintiffs commenced an action by writ of summons in the High Court of Cross River State Ikom Judicial Division. Endorsed on the writ are the following reliefs:

“1. A declaration that the estate which the defendant purports to manage is owned by the 1st plaintiff and therefore not subject to the Administrator-General Law Cap 3 Laws of Cross River State.

2. An order for the revocation of the letters of Administration granted to the 1st defendant.
3. An order of perpetual injunction restraining the defendants their agent’s servants or privies from intermeddling with the estate of the 1st plaintiffs.
4. The sum of N10m as general damages for intermeddling with the estate of the 1st plaintiffs”.

On the same day 2/6/2003 the plaintiffs filed a motion ex-parte pursuant to order 33 r.1 (2) of the High Court Rules of Cross River State praying the court for the following:

“1. An order of interim injunction restraining the defendants their agents servants or privies from further interfering in any manner howsoever with the assets and properties of the 1st plaintiff situated at No 3 & 5 Ogoja Road, Ikom; 4 Chukwuogor lane, Ikom, plots at Old Army Barracks, Ikom and Cocoa Farm plantations at Okunde, Etomi Road and Agbekim Mgbabor along Effraya Road, pending the determination of a motion in notice.

2. An order of interim injunction restraining the defendants their agents servants or privies from collecting rents from tenants or purporting to lease out the aforesaid properties pending the determination of a motion on notice.
3. For any other orders as this Honourable court may deem fit to make in the circumstances of this case.”

The motion was supported by a 23 paragraph affidavit and in addition the plaintiffs filed a 13 paragraph affidavit of urgency, both deposed to by Chukwuma Chukwuogor, the 2nd plaintiff.

In its ruling dated 4/6/03 the court below granted the reliefs sought and ordered the 2nd plaintiff applicant to give a written undertaking to the Registrar of the trial court to pay N10,000.00 damages should the application turn out to be frivolous.

Aggrieved by the ruling and the order therein made the appellants, appealed to the court on six grounds hereunder reproduced without their particulars:

“Ground one Error in Law:

The learned trial Judge erred in law when in granting the ex-parte order of injunction he listened to and considered fraudulent allegations against the defendant/appellant without putting her on notice or giving her an opportunity to be heard thereby breaching the rule of fair hearing as entrenched in section 36 of the constitution of the Federal Republic of Nigeria, 1999.

Ground two Error in law:

The learned trial Judge erred in law when he failed to recognize the role of the defendant/appellant in the administration of the estate considering the circumstance of the estate.

Ground three Error in Law:

The learned trial judge erred in law when in an ex-parte application he granted an order of injunction which has the effect of interfering with, frustrating and paralyzing the statutory functions of the Administrator-General and Public Trustee without giving her an opportunity to be heard thereby breaching the rule of fair hearing as entrenched in section 36 of the Constitution of the Federal Republic of Nigeria, 1999.