Many people think that going to court first, without the other side present, gives them an advantage. Apply ex parte, get a quick order, pressure the opposing party. But the law comes with one major condition: you must disclose everything that matters — not just the parts that benefit you.
This case began when an individual applied for an ex parte order relating to copyright over a database. Based on that order, the other party was investigated by a ministry, their items were seized, and their business was disrupted. The problem? They were never given a chance to be heard when the order was granted.
When the affected party came to court to intervene, the main issue was no longer procedural. The real question was: was the ex parte order obtained honestly and in full disclosure?
The court laid down a very strict principle. In any ex parte application, the applicant bears the heaviest duty — full and frank disclosure. This means all material facts must be disclosed, including facts that may weaken your own case. Nothing can be withheld. Nothing can be hidden. No “I’ll explain later if asked.”
When the court examined the affidavits and evidence, a major issue emerged: the applicant had failed to prove that he was the full owner of the copyright in Keydata Services. There were documents, agreements, and prior admissions indicating that the rights may in fact belong to another company. None of this was disclosed when the ex parte application was made.
The court was unequivocal — this was not a minor issue. It was not a technical slip. It amounted to misrepresentation and a failure to disclose material facts. Had these matters been disclosed from the outset, the ex parte order would likely never have been granted.
Ultimately, the court allowed the affected party to intervene and set aside the ex parte order in its entirety. More than that, the court also allowed an assessment of damages, as the parties had suffered losses and serious disruption due to enforcement actions that flowed from the ex parte order.
This case is not just about copyright or court procedure. It is a strong warning to business owners, founders, and anyone who thinks, “Just get the order first — we’ll explain later.”
In the law, especially when the other side is not before the judge, honesty is not optional — it is a duty. The half-truths you withhold today can be the very reason your entire case collapses tomorrow.
If you are going to court ex parte, tell the full story. Because when the truth comes out later, the court will not compromise.
Lesson learned: If you know or suspect something serious is going on — whether it’s an affair, a business dispute, or any situation that could explode legally — don’t confront impulsively. Don’t move emotionally.
