Respondents had filed an action asking for certain declarations in respect of the Enugwu Ukwu Town Constitution and Enugwu Ukwu Community Development Union (ECDU) Constitution.

Following the above, respondents then filed a motion ex parte for interlocutory injunction restraining the appellants from performing any act in respect of the revision of the Constitution pending the determination of the suit.

The learned trial Judge declined the order(s) sought but rather made the motion on notice to the respondents.

Appellants filed a counter affidavit to the motion and joined issues with the respondents.

The motion suffered a few adjournments and when it was finally called it was on a day the parties were absent except the 2nd respondent and counsel for the respondents.

The trial Judge granted the interlocutory injunction sought.

Dissatisfied appellant appealed to the Court of Appeal.