Respondents had sued appellant claiming – four declarations, two orders, two injunctions and N250, 000.00 as general damages seeking to establish the validity of the appointment of the 2nd respondent herein as the Vice Lay President of the African Church of Nigeria and the nomination of the 1st respondent herein as the Lay President of the same Church, at its conference in 1987.

They also sought to challenge the nomination of the 1st appellant as lay President of the Church at the same conference in competition with the 1st respondent.

After the respondents had filed their amended statement of claim, the appellants, without filing any pleading moved the High Court pursuant to order 22 rule 4 of the High Court of Lagos State (Civil Procedure) Rules, 1972 for an order striking out the plaintiffs endorsement on the writ of summons and the statement of claim and dismissing the action the ground that it is frivolous, vexatious and as disclosing no reasonable cause of action.

The learned trial Judge struck out the action of the respondents.

Dissatisfied, respondents appealed to the Court of Appeal, which court allowed the appeal and set aside the ruling of the trial court.

Appellants appealed to the Supreme Court.