KOTOYE v. CBN- 1985 1 NWLR (Pt. 98) 419.

PRINCIPLE OF LAW- JUSTIFICATION FOR GRANT OF AN EX PARTE ORDER OF INJUNCTION

The basis of granting any ex-parte order of injunction is the existence of special circumstances and invariably, an all – pervading real urgency, which requires that the order must be made. Otherwise, an irretrievable harm or injury would be occasioned to the prejudice of the Applicant. The price to pay however for the Applicant is an undertaking as to damages. Save in recognized exceptions, no order for an interlocutory or interim injunction should be made, ex parte or on notice, unless the Applicant gives a satisfactory undertaking as to damages. Therefore, where a court of first instance fails to extract an undertaking as to damages where it should, an appellate court ought normally to discharge the order of injunction on appeal.