CaseLaw
Uwah Printers (Nig) Ltd V. Umoren (2000) CLR 12(c) (CA)
Brief
Facts
The events resulting to this appeal is that the respondent in this appeal, Emmanuel Umoren (Suing as Receiver to Union Bank,) on the 9th day of September, 1996, filed an originating ex-parte application at the High Court of Akwa Ibom State holding at Uyo in which he prayed the court as follows:-
And for any further order(s) as this Honourable court may deem fit to make in the circumstances.”
The application was supported by an affidavit sworn by the respondent.
On 12/996, the application was heard in the absence of appellants who were the respondent and the order was accordingly granted as prayed. The order was not served on the appellants but when they became aware of it, they applied to the lower court to discharge the order but the application was refused and this appeal is against the said ruling delivered on 22/2/98.
The appellants filed their brief of argument but the respondent who was duly served with this brief of argument and other process of this court did not filed his respondent’s brief. He was also served with the appellants’ motion praying this court “that the appeal be set down for hearing and be heard on the appellants’ brief alone, the respondent having neglected to filed respondent’s brief”.
When the motion came up for hearing on 4/4/2000, he was also not in court. The motion was heard and granted and the appeal was then fixed for and heard on 9/5/2000, solely on the appellants brief. The only issue identified in the said brief for determination by the court is whether the refusal by the learned trial judge at the court below to discharge the ex-parte Order is justifiable or sustainable in the circumstances of this case.