In this case, the appellants brought this suit to vacate an injunction order that had been granted to the respondent, restraining the appellant from dealing in any way with the suit property.

The grounds of the appeal were, that the trail magistrate erred when he failed to address the application before the court, and that the trail magistrate erred in relying on extraneous matters not before court and unknown to the appellants, thus occasioning a miscarriage of justice.

The appeal proceeded ex parte, one of the respondent had been served in person but none of them appeared before court.

Counsel for the appellants submitted that the injunction had been issued through suppression of material facts and that it should be dissolved.