America Specification Autos Limited & Anor V. Asset Management Corporation Of Nigeria (2017) LLJR-CA - LawGlobal Hub
America Specification Autos Limited & Anor V. Asset Management Corporation Of Nigeria (2017) LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL JOSEPH SHAGBAOR IKYEGH, J. C. A. (Delivering the Leading Judgment) The appeal is from the decision of the Federal High Court sitting in Lagos (the Court below), whereby it dismissed an application by the appellant for […]
America Specification Autos Limited & Anor V. Asset Management Corporation Of Nigeria (2017)LawGlobal-Hub Lead Judgment Report – COURT OF APPEALJOSEPH SHAGBAOR IKYEGH, J. C. A. (Delivering the Leading Judgment)The appeal is from the decision of the Federal High Court sitting in Lagos (the Court below), whereby it dismissed an application by the appellant for mandatory injunction to restore possession of the property No. 15 Isanlu Street, Ajao Estate, Lagos to them by way of re-possession from the respondent. It happened that the respondent sought for and obtained ex parte injunctive orders for interim attachment of the landed property of the appellants located at Mushin, Lagos and for the bailiff of the Court below to be given possession of the property at No. 15 Isanlu Street, Ajao Estate and that the Inspector-General of Police should assist the bailiff in repossessing the property. The appellants’ application to have the order of re-possession set aside and possession thereof restored to them was refused by the Court below. Not satisfied with the decision by the Court below the appellants filed a notice of appeal with three (3) grounds of appeal. The respondent filed a notice of preliminary objection to the notice of appeal on 21-06-16 which was argued in the1respondent’s brief of argument filed on 21-06-16 to the effect that the decision refusing to set aside the ex parte orders being interlocutory and the grounds of appeal being on mixed law and facts the failure by the appellants to obtain the leave of the Court before filing the grounds of appeal in the notice of appeal rendered the grounds of appeal incompetent and deprived the Court of the competence and the jurisdiction to determine the appeal and should be struck out vide Ohajunwa v. Obelle (2008) 3 NWLR (Pt. 1073) 52 at 72 – 73, Nwekeson v. Onuigbo (1991) 3 NWLR (pt. 178) 125 at 131, Bello v. Pategi (2000) 8 NWLR (pt. 667) 21 at 29, Nasiru v. Bindawa (2006) 1 NWLR (pt. 961) (no pagination) Sections 241 and 242(1) of the 1999 Constitution, First Fuels Ltd. v. N. N. P. C. (2007) 2 NWLR (Pt. 1018) 276 at 293, 295, Mobil Production Nigeria Unlimited v. Ayeni (2008) 1 NWLR (Pt. 1067) 185 at 206, Madukolu v. Nkemdilim (1962) All NLR (pt. 2) 581 at 583. The reply brief filed on 16-05-17 contended against the preliminary objection that the order sought was for mandatory injunction and appealable as of right under Section 241(f)(ii) of the 1999 Constitution; more so the2grounds of appeal are purely on law which does not also require the leave of the Court under Section 241(b) of the 1999 Constitution, which did not require the leave of the Court to have the appeal filed on the said grounds of appeal, therefore the preliminary objection should be dismissed. The prayers sought by the appellants at the Court below were for mandatory injunction directing the respondent to return possession of the property at No. 15 Isanlu Street, Ajao Estate Lagos by the bailiff of the Court below assisted by the Inspector-General of Police to the appellants. Being an application for mandatory injunction which was refused by the Court below, the appellants were entitled as of right to file the notice and grounds of appeal against the decision of the Court below refusing to grant the prayer for mandatory injunction vide Section 241(f)(ii) of the 1999 Constitution thus-?An appeal shall lie from decisions of the Federal High Court or a High Court to the Court of Appeal as of right in the following cases;<br< p=””</br<3?