Appellant instituted an action demanding the return of a sum of money supposedly taken out of its account by the respondent without its knowledge and consent.

In addition, the appellant filed an ex-parte motion and was granted an interim order restraining the respondent from taking any further steps regarding the account of the appellant until the determination of the motion on notice filed by the appellant which was fixed for hearing on 24th February, 1997. The interim order was made on 27th November, 1996.

On 2nd December, 1996, the respondent filed a motion on notice asking the court to discharge the ex parte order it made on 27th November on the ground that it lacked jurisdiction to entertain the matter. The appellant's counsel wrote a letter to the court asking for an adjournment so that he could react to the motion.

The trial court ignored the letter and proceeded to hear the motion in the absence of the appellant's counsel.

The court then granted the respondent's motion and struck out the case for lack of jurisdiction.

Appellant dissatisfied appealed