The genesis of the dispute in respect of which the respondent brought the suit was the question as to who was validly elected the National President of the Road Transport Employers Association of Nigeria; and consequentially the person entitled to occupy premises Nos. 535/537 Ikorodu Road, Ketu, Lagos which were the headquarters/offices of the Union. It was therefore an Intra-Union dispute. The respondent based his claim on the premises that he was the one validly appointed to the office of National President and therefore entitled to occupy the premises. The 1st applicant disputed the claim stating that he was the one validly elected and entitled to the use of the premises. Both sides had deployed the use of thugs in an attempt to settle matters.

Respondent sued applicants and brought an interlocutory application to restrain applicants from disturbing its peaceful occupation of the said premises. The court ordered the applicants to restore the respondent regained possession of the premises forcibly.

Dissatisfied with the ruling of the trial court, the applicants appealed to the Court of Appeal.