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PURPOSE OF AN ORDER TO MAINTAIN THE STATUS QUO

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Manuel Akinshola
Joined: 5 years ago
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ORDER TO MAINTAIN THE STATUS QUO – PURPOSE OF AN ORDER TO MAINTAIN THE STATUS QUO

“While it is trite law that the position or situation of the parties in a suit be maintained as of the time of filling so that the subject matter is not tampered with or alienated during the pendency of the suit. The Apex court in Opeyemi & Ors v Irewole Local Government., Ikire & Ors (1993) LPELR – 2881 (SC) stated thus on the purpose of an order to maintain the status quo;

“…Also it must be noted that the whole purpose of an order to maintain the status quo is to preserve the res, the subject matter of the litigation, from being wasted, damaged, or frittered away, with the result that if the appeal succeeds, the result would be nugatory in that the successful appellant could only reap an empty judgment. When as in this case, a court finds that completion of a step sought to be restrained will not render the appeal. If successful, nugatory, then there is absolutely no basis for making the order to maintain the status quo PER NNAEMEKA – AGU, JSC (P. 20, PARAS. B – D)”    

It is important that any status quo to be maintained must be known or determinable.

 

 

PER A.O.OBASEKI-ADEJUMO, J.C.A in ARABA SHITTA DADA & 8 ORS .V.  ADENIRAN ADEDOKUN VENTURES & 6 ORS. LER[2019]CA/L/578/2014

This topic was modified 5 months ago by Manuel Akinshola

   
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