This is an appeal arose out of a ruling delivering by Ibiyoye J. in suit No. KWS/245/93 on 3/10/95. Here is a brief of summary of the facts. The appellant as plaintiff brought an action against the respondents at Ilorin High Court of Justice Kwara State asking for some declarations and ten million naira special damages and injunction. In short the writ contains as follows:

An order of perpetual injunction restraining the defendant”.

Later in the action, the 3rd respondent was joined as co-defendant in the suit. The respondents filed a motion which was heard on 18/7/95 asking the court to dismiss the case or strike it out. The plaintiff now appellant also filed a preliminary objection challenging the competence of the 2 motions, which were consolidated, by the court. There were affidavits and counter affidavits to the motions. The court considered the application and counters applications together and gave its ruling on 3/10/95 by dismissing the entire action as being an abuse of court process.

An appeal was launched against the decision.