UMOREN, J.C.A. (Delivering the Leading Judgment): The facts leading to this appeal can be summarised as follows:- The appellant in this appeal was the defendant in the court below; while the respondent was the plaintiff at the court. The plaintiff in that court sued the defendant by a writ dated 6/12/96 for a declaration, damages and a perpetual injunction, the plaintiff also on the same date by a motion Ex-parte sought for an interlocutory injunction to restrain the present appellant, its servants, agents or privies from entering, building or in any other way interfering with the partly developed stores at Jimeta Motor Park Pending the determination in this suit. (Italics are for emphasis).
The appellant contends that he was neither served with the writ of summons nor with the motion papers. The entire application was heard without any notice of such notice of motion given to the appellant. The learned trial Judge heard argument from counsel to the plaintiff and granted all prayers s…