63. The Court at the interlocutory stage is not permitted to resolve conflict of
evidence on affidavit as to facts on which the claims of either party may ultimately
depend. Nor is the Court permitted to decide difficult questions of law which call for
detailed argument and mature consideration; for these are the concerns of the trial of
•.
the substantive matter. See American Cyanamid Co. v Ethicon Ltd, supra;
64. It is now clearly put in most judicial precedents of national and international
consequences that for an interlocutory injunction to succeed, there must be shown in
the depositions before the Court that there are serious issues raised which must be
given detailed consideration in the trial. The case of the plaintiff if considered with
the case of the defendants leave the court in clear appreciation of the whole case that
there is need to preserve the right of the plaintiff, on the ground that serious triable
issues have been raised, the balance of convenience tilts on her side and damages
may not be adequate if the order is not made and at the end of the trial she succeeds.
In the case of KOTOYE V CBN (1989) 1NWLR Pt 98 p 419 the issue of serious
question of law to be tried in the substantive case and whether there is real
possibility and not probability of the plaintiff succeeding in the trial were held to
warrant the granting of the relief of interlocutory injunction.
65. The Applicant stated that her concerns are not the monetary aspect at the end of
the day but her image was badly affected and no matter how much she realises from
the suit it cannot compensate her international image. While the defendants gave
more serious consideration to the fact that they were financially strong to pay the
damages at the end of the h·ial, the plaintiff laid emphasis on her image.
APPLICATION FOR STRIKING OUT THE ACTION ON THE GROUNDS OF
INCOMPETENCE
66. The defendants filed an application pursuant to Article 87 of the Rules of Court
for the action filed by the plaintiff to be struck out. The grounds to support the
granting of the application are:
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