JOHN HOLT LTD & ANOR V. HOLTS AFRICAN WORKERS UNION

• Pages: 315-318

NIGERIAN SUPREME COURT CASES

[19631 N.S.C.C.

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315

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The Appeal is

dismissed.

JOHN HOLT LTD & ANOR V. HOLTS AFRICAN

WORKERS UNION

1.

JOHN HOLT NIGERIA LTD

2.

JOHN HOLT & CO. (LIVERPOOL)

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APPELLANTS

LTD (joined by Order of Court)

V

HOLTS AFRICAN WORKERS UNION OF

NIGERIA AND CAMEROONS

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RESPONDENTS

SUIT NO. FSC 42

2

/

1

962

SUPREME COURT OF NIGERIA

ADEMOLA,

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C.J.N.

TAYLOR,

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J.S.C.

BAIRAMIAN,

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J.S.C.

23rd December, 1963.

Civil Actions - Equity - Interlocutory Injunction - considerations - need for reasons

- Not a remedy for an act already carried out.

ISSUES:

1.

Whether a Court should grant an interlocutory injunction without stating its

reasons for so doing.

2.

What should a Court consider before granting an interlocutory injunction.

FACTS:

John Holts made a reconstruction plan designed to improve their business and

profits. Their workers sued for a declaration

(inter al/a)

that the plan infringed their

rights of association, and for an injunction restraining John Holts from carrying out

their plan. The Workers applied for and obtained an interlocutory injunction so

restraining John Holts, although in actual fact the plan had already been carried

out before the plaintiffs applied for an interim injunction.

HELD:

1. An Interlocutory Injunction without reasons explaining why it is granted is

unsatisfactory.

2. When an interlocutory injunction is sought, the Judge should determine:-

(a)

Whether, balancing the question between the parties, and the extent of the

inconvenience likely to be incurred on the one side, and on the other, it is

the most proper exercise of the jurisdiction of the Court, to grant the injunc-

tion or to withhold it; but

(b)

there is another very material question to be considered, has the plaintiff

made out a

prima facie case?

That is to say if the evidence remains as it is,

is it probable that at the hearing of the action he will get a decree in his fa-

vour?

3. An interlocutory injunction is not a remedy for an act which has already been

carried out.