Both parties are members of Christ Ascension Church of Nigeria but act in different capacities therein with the 1st Defendant/Appellant being the leader of the Church and is known by the title of Apostle. The 6th Defendant/Appellant is the registered trustee of the Church. The Church has branches in Enugu, Ehi Road, Aba etc. It is the complaint of the Respondents that the 1st - 5th Appellants have been interfering with how the Church is being organised and in the process, infringed on the Respondent's right to fair hearing as entrenched in the Constitution of the country in that the members of the disbanded District Youth Fellowship and National Youth Fellowship were denied the opportunity of defending themselves against allegations made against them before their dissolution. Their complaints also include unconstitutional appointments by the 1st Appellant, refusal to render account to members etc, etc.

By an Amended Statement of Claim filed on the 22nd day of July, 1994, at the High Court of Abia State, Holden at Aba in suit No, A/404/92, the Plaintiff therein now Respondents claimed declarative and injunctive reliefs against the Defendants now Appellants. After parties had exchanged pleadings, the Defendants filed and moved a motion on notice that was brought pursuant to Companies and Allied Matters Act, Cap. 59 Laws of the Federation of Nigeria, 1990, and Order 8 Rules 1 and 7 of the Court's Civil Procedure Rules. The motion was for an order striking out the suit filed and challenging the jurisdiction of the trial Court to hear and determine the suit as constituted. The Plaintiffs in turn filed a Motion on Notice praying for an order striking out the Defendant's motion on notice dated 23rd day of October, 1998, on the ground that it is incompetent in that it did not disclose any ground upon which the application was sought. In her ruling on the motions, Offonri, J., of the High Court of Abia State dismissed the application in the circumstance. Dissatisfied, the Defendants appealed to the Court of Appeal, Holden at Port Harcourt of Appeal No. CA/PH/238/99. In a judgment delivered on the 4th day of February, 2003, the Court of Appeal dismissed the appeal. Further dissatisfied, the Appellants have now appealed to the Supreme Court.