OPENE, J.C.A. (Delivering the Leading Judgment): 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:-
"(a) An order directing the Commissioner of Police, Akwa Ibom State to provide police protection to enable the applicant to move the mortgaged assets of the respondent company from the site at Km 3 Oron Road, Eket, to the Union Bank Regional office at Port Harcourt, Rivers State.
(b) 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 to by the respondent.
On 12/9/96, the application was heard in the absence of the appellants who were the respondents and the order was accordingly granted as prayed. The order was not served on the appellants but wh…