Fernando v. Dias and Others – sllr 1980 volume 2 page 048

In the case between the plaintiffs—a group of siblings, notably five sisters co-owning a tile factory—and the 1st defendant, former manager and minority shareholder, the court addressed the proper procedure for appealing against an ex parte interim injunction. The central issue concerned whether the revisionary jurisdiction of the appellate court could be invoked without first seeking to set aside the ex parte interim injunction in the District Court under section 666 of the Civil Procedure Code. It was held that the failure to pursue the statutory remedy before the originating court rendered the application for revision improper. This principle reaffirmed that procedural remedies at the court of origin must be exhausted, as emphasized by the Judicature Act and the Civil Procedure Code, dr