Difference between motion exparte and motion on notice

Both are interlocutory injunctions sought by way of applications (prayer) before the court; but they serve different purposes. Motion exparte which is interpreted as 'on one party' is an application before
the court in time of urgency; to restrain from doing an act which may cause an irreparable injury to the applicant. The order subsists pending the final determination of the suit. Eg. If the subject matter of the suit is a an economic tree, and the defendant intends to cut the tree because he claims it belongs to him, the plaintiff can apply for a motion exparte for court to stop the Defendant from cutting the tree until the suit is determined. It is an exception to the rule of fair hearing enshrined in the constitution. So, the Defendant need not be served provided the Plaintiff can convince the court that waiting for the Defendant to be served will occasion an irreparable injury on him as the Defendant may cut the tree before service is effected on him. Motion on notice in the other hand is an application made to a court to obtain a ruling or order directing that an act be done in favor of the
applicant. Example; if an applicant wishes to pray to court to dismiss a suit on lack of locus standi or abuse of court process, the applicant comes by way of motion on notice. If an applicant wants to pray for extension of time to call his witnesses, he comes by way of motion on notice or if he wants to apply for amendment of statement of claim or statement of defense, he also comes by way of motion on notice. Unlike motion exparte, the adverse party must be served or must take notice of the prayer before the court makes its ruling. The reason is to enable the adverse party raise an objection to the prayer if he has a reason for that. Motion on notice can be an oral or a written application.