In the Kaduna High Court, the plaintiff’s claims against the defendant read as follows:

Pleadings were filed and exchanged between the parties and the case proceeded to trial, At the trial the plaintiff called two witnesses while the defendant called only one witness. After hearing evidence from both sides and the addresses of their counsel, the trial court adjourned for judgment. In a considered judgment delivered on 21/7/89, the learned trial judge lbiyeye J, after reviewing all the evidence before him, came to the conclusion that the transaction between the parties was a conditional sale and that the plaintiff had acted in violation of the conditions of sale i.e. instalmental payments. The learned trial judge, therefore dismissed plaintiff’s claims in their entirety as lacking in merit. On the 24th July 1989, the defendant sold the plant or machinery to AFCON ENGINEERING LTD, the 3rd Party herein.

Dissatisfied with this judgment, of the trial court the plaintiff successfully appealed to the Court of Appeal.

Defendant thereafter, appealed to the Supreme Court.