In an originated summon filed by their counsel, Mr Onyebuchi Aniakor, they contended that the appellate court erred in law, in proceeding in the face of the undisputed facts on the record to hold, that ‘the order to maintain status quo had no basis.
They said there was nothing done at that point in the proceedings that could worsen the position of the plaintiffs.
They further contended that the appellate court erred in law in proceeding, as they so did, to substitute and/or set aside the trial court’s exercise of its discretion and to substitute same with the lower court’s own discretion contrary to the settled legal principles and the law and in the absence of any lawful or justifiable ground.
They said the court’s decision and/or order setting aside and/or vacating the trial court’s order for maintenance of the status quo and allowing Dangote’s appeal is a nullity for having been predicated on a non-existent record of appeal.
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