Appellant was the chairman of the National Republican Convention (NRC) and respondent was a gubernatorial aspirant in the primary elections of the party in Delta State.

The party was organising fresh elections.

Respondent sued appellant in the Lagos High court and obtained an interim injunction against the appellant and some others restraining them from conducting fresh elections pending the hearing of the motion on notice filed by respondent.

The order was made on October 31st 1991 and served on appellant that same day and despite that service, the NRC still conducted the elections in breach of that order. The respondent then caused form 48 and thereafter form 49 to be served on the appellant.

In the High court the appellant was convicted for contempt of court.

Being aggrieved, appellant went on appeal. His notice of appeal was prepared in the manner of a civil appeal and he did not seek and obtain leave of court to appeal against the decision of the High court on matters of mixed law and fact.

Respondent raised a preliminary objection to the competence of the appeal.