OPENE, J.C.A. (Delivering the Leading Judgment): The pith and substance of this case is that on the 8th day of October, 1996, the respondent in the High Court of Cross River State holden at Calabar for himself and on behalf of Master Bakers and Caterers Association of Nigeria, Cross River State Branch obtained leave to apply for an order of injunction to restrain the appellants from acting as members of the State Executive Council of the Master Bakers and Caterers Association of Nigeria, Cross River State Branch.
The respondent on the same day filed a motion on notice and also a motion ex parte. The motion ex parte at page 5 of the records reads:-
Motion ex parte:
Pursuant to Order 43 Rules 1 and 3 of the High Court Civil Procedure Rules, Cross River State
Take Notice that this Honourable Court will be moved on........... the..........day of...........1996 at 9 O'clock in the forenoon or so soon thereafter as counsel for the applicant may be heard praying this Honourable Court for:- …