- Flynote
- Civil Procedure|Constitutional Law
- Case summary
- The Court of Appeal considered whether the appeal was competent and whether rights of the parties were conclusively determined. Court noted that the parties were not given an opportunity to be heard on the temporary injunction and that the trial Judge did not dispose it off. Therefore court held that the decision of the trial judge violated the parties’ rights to a fair hearing since the pleadings alluded to fraud. Accordingly the trial hearing was declared null and void and court ordered for a fresh trial. The application to strike out the appeal was dismissed.
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