Facts:

The appellant is a leasing company which specialises in equipment lease finance. The respondent is a limited liability company. Sometime in 1990, the appellant financed and leased colour photo laboratory equipment to the respondent at the respondent’s request. The respondent defaulted on the rental payments. On 10th November 1993, the appellant authorised another company Fombina Investment Ltd to repossess the equipment on an account of the respondent’s failure to honour its rental obligations among other things. The respondent reacted by filing a suit at the Lagos State High Court claiming that the appellant had breached the lease agreement by its inordinate delay in supplying the equipment and therefore could not exercise certain rights over the equipment.

At the High Court, the respondent (as plaintiff) applied for and was granted an interlocutory injunction from repossessing or dealing with the equipment. The appellant opposed the application which was nevertheless granted by the Judge. Dissatisfied with that ruling, the appellant appealed to the Court of Appeal on the ground that the respondent has no susbsisting legal right in the equipment subject matter of the suit.