Applicants brought an action against the respondents for perpetual injunctions restraining the respondent from parading themselves as officials of Nguru Development Union, Kano and from carrying out the proposed 'N75,000 consolidation fund launching' they also sought a declaration that any such lunching is null and void.

Appellants then brought an ex-parte motion asking for an interim injunction to stop the proposed launching of the fund. The motion was granted. The respondents acted contrary to the order of court and the appellants brought an application for an order committing the respondents to prison for non-compliance with the order.

Respondents, in a preliminary objection, asked for the dismissal of the motion for contempt on the grounds that it is incompetent.

The trial court upheld the preliminary objection and struck out the motion for committal. While striking out the motion, the trial court clearly stated that respondents did not breach the terms of the order when it held that the respondents held a 'send-off party' in honour of one of their members and not a lunching of the Nguru Development Union Consolidated Fund.

Before commencement of hearing, the respondents brought an application praying the court to strike out paragraphs 18 and 20(b) of the appellants' new statement of claim as it amounted to an abuse of court process.

Appellants were dissatisfied and appealed