part of the commonwealth outside Nigeria in testimony of an affidavit being taken before it or such
person in that part shall be admitted in evidence without proof of the seal or signature of that Court,
Judge, Notary Public or person.
ORDER 28
INTERLOCUTORY INJUNCTIONS AND INTERIM PRESERVATION OF PROPERTY
Application for injunction.
1.
(1) An application for the grant of an injunction may be made by a party to an action before,
during or after the trial of the action, whether or not a claim for injunction was included in that
party's action.
(2)
Where the applicant is the plaintiff and the case is one of urgency, the application may be made ex
parte on affidavit but, except as aforesaid, the application shall be made by motion on notice or
summons.
(3)
The plaintiff may not make such an application before the issue of the process by which the
action is to be begun, except where the case is one of urgency, and in that case the injunction applied
for may be granted on terms providing for the issuance of the process and service of the process ,
together with the ex parte order obtained on the defendant and such other terms, as the court thinks
fit.
Detention, preservation etc. of subject matter of action.
2.
(1) On the application of any party to an action, the Court may make an order for the detention,
custody or preservation of any property which is the subject matter of the action or as to which
any question may arise therein or for the inspection of any such property in the possession of a party
to the action.
(2)
For the purpose of enabling any order under sub-rule (1) of this rule to be carried out, the Court
may by order authorize any person to enter upon any land or building in the possession of a party
to the action.
(3)
Where the right of any party to a specific fund is in dispute in an action, the Court may on the
application of the party, order the fund to be paid into Court or otherwise secured.
(4)
An order under this rule may be made on such terms, as the Court may think just.
(5)
An application for an order under this rule shall be made by summons or motion on notice.
(6)
Unless the Court otherwise directs, an application by the defendant for such an order may not be
made before he enters an appearance.
Power to order samples to be taken.
3.
(1) Where it considers it necessary or expedient for the purpose of obtaining full information or
evidence in any action, the Court may, on the application of a party and on such term as it thinks
just, by order authorize or require any sample to be taken of any property which is the subject matter of