On 18th November, 1992, the respondent company TSA Industries Nigeria Limited, as plaintiff commenced an action against the three respondents, as defendants at the Federal High Court.

The writ was followed by a motion on notice praying the court to appoint a receiver/manager and the closure of the respondent company pending the hearing and determination of the substantive suit.

When the action was brought to the notice of the applicant, he filed an application in the Federal High Court praying for an order to strike out the name of the respondent company as the name of the company was used in the litigation without his authority. The applicant who claimed to have been appointed receiver/manager of the respondent company by Abacus Merchant Bank Limited, brought the application in his own name. The appellant's motion was fixed for 1st February, 1993.

On 29th December, 1992 the respondent company brought a motion ex parte seeking for the following orders viz:

When the counsel for the applicant sought to be heard on the motion ex parte, the court refused. The court then proceeded to grant the motion ex parte.

Aggrieved by the court's ruling, the applicant brought this application praying inter alia for an order suspending the order made ex parte on 29th December, 1992.