Respondent filed an originating motion ex-parte praying for leave to enforce an arbitral award. Then, he filed a similar originating summons on notice.

Appellants filed a notice of preliminary objection asking for the respondent's application to be dismissed due to the fact that the trial court lacked jurisdiction to entertain the matter.

The summons on notice was then argued with the court overruling the preliminary objection of the appellants. When it came to the turn of the appellants' counsel to make his reply, appellants' counsel asked for an adjournment. The trial court in its ruling turned down the application and without first asking counsel what he wished to do following the refusal of the application for adjournment proceeded to give its ruling as prayed for in the originating summons on notice.

The appellants were aggrieved and appealed against the ruling to the Court of Appeal.