MOORE A. A. ADUMEIN, J.C.A. (Delivering the Leading Judgment): In suit No. AK/278/2003 filed in the High Court of Ondo State, Akure Judicial Division, the 1st and 2nd respondents were the plaintiffs. The defendants in the Court below were: 1. BIBSON ASSOCIATES LIMITED, 2. NATIONAL BANK OF NIGERIA LIMITED and 3. FIRST BANK OF NIGERIA PLC
The 1st and 2nd respondents sought 9 (nine) principal prayers as endorsed in the writ of summons taken out by them (pages 110-112 of the supplementary record of appeal).
By a motion ex parte dated the 7th day of August, 2003 and filed on the same day, the first and second respondents, sought the following relief:
(1) An order of interim injunction restraining the second defendant/respondent from paying any sums of money out the first plaintiffs/applicant's account with it or honoring any demand from the first and third respondents or their agents from the said account in pursuance of the irrevocable bank guarantee dated 29th July, 2002 pending the det…