The Government of Western Nigeria now Oyo State compulsorily acquired the appellants pieces of land. Respondents raised a preliminary objection under Order 22 Rules 2 and 3 Civil Procedure Rules of Western Nigeria to the effect that the action was statute barred.

The Court found the action statute barred and dismissed it. The Court of Appeal found that demurrer did not apply but that under 0.22 Rules 2 and 3 of the High Court Civil Procedure Rules of Western Nigeria, preliminary points of law could be raised after pleadings. The appellants further appealed seeking to offset the holding of the Court of Appeal and also to argue a point of law not raised at both the High Court and the Court of Appeal.