The plaintiffs are members of the National Union of Banks, Insurance and Financial Institutions Employees, (the 18th defendant) The 1st -11th defendants were elected as part time officers of the Union on 26th and 28th November, 1985. The 12 defendant is a full time national officer of the Union, its deputy general secretary and acting General Secretary. The 13th - 17th defendants are Banks where the Union has or is believed to have accounts.

The Plaintiffs on 1st December, 1988 instituted by way of originating summons an action in the High court of Lagos State claiming certain items. By a Motion on Notice of the same date, plaintiffs sought several reliefs. A motion Ex parte seeking the same reliefs pending the determination of the motion on Notice was subsequently filed. The motion exparte was heard and granted by Adeniji, J on 5th December, 1988. On 8th December, some of the defendants applied to have the exparte order set aside. The court decided to take both applications to set aside and the motion on notice together.

However, before the conclusion of arguments, the learned trial Judge set aside the interim injunctions and ordered an early trial of the suit.

Dissatisfied by the order setting aside the interim injunctions, the plaintiffs appealed.

The appeal was allowed by the Court of Appeal. The defendants appealed against this to the Supreme Court. This was the subject of the first appeal.

On the substantive action between the parties, counsel for the 1st 3rd 4th, 6th 8th, 9th 18th defendants filed a noticed of preliminary objection. Segun, J after hearing counsel on the objection dismissed same. An appeal against the dismissal was dismissed by the Court of Appeal. Against, this the 1st set of defendants again filed an appeal in the Supreme Court. It is the 2nd appeal in the case. The Supreme Court herein decided to take the two appeals together.