JIMI OLUKAYODE BADA, JCA (Delivering the Leading Judgment): This is an appeal against the ruling of the High Court of Justice, Delta State of Nigeria, holden at Effurun in Suit No. EHC/195/2008 - Ben-Segba Technical Services Limited and 1 Other v. First Bank of Nigeria PLC and 1 Other delivered on the 14th day of August, 2009 wherein the lower court dismissed the application for leave to apply for extension of time within which the defendants/applicants can apply for an order vacating the order of interim injunction made by the lower court on 24/6/2008 etc.
The facts of the case are that the respondents who were Plaintiffs at the lower court took out a writ of summons dated 23/6/2008 and filed on the same date against the appellants who were defendants at the lower court. The respondents filed two motions supported by identical affidavits, one ex-parte dated and filed on 23/6/2008, and the other motion on notice was filed alongside with the writ of summons.
On 24/6/2008, the lower court…