The dispute in this matter was subjected to arbitration and an award was duly made by the arbitrator in August 1985. In October of the same year, appellant went to the High court in Kaduna State seeking to set aside the award or for the dispute to be brought under another arbitrator. A preliminary objection was raised by the respondent that the application was incompetent on the grounds inter alia that the application was statute-barred because it was filed outside the 15 days allowed by Order 22 rule 12 of the High Court of Kaduna State (Civil Procedure) Rules 1977. The High Court upheld the preliminary objection and struck out the originating motion on notice.

The appellant appealed to the Court of Appeal which dismissed the appeal. Dissatisfied with the decisions of the Court of Appeal, the appellant appealed to the Supreme Court.