These proceedings commenced with an action in the High Court of the former Western State by the plaintiff (who is the appellant in the present appeal before this Court) against the defendant (now the respondent) claiming £16,000 (N32,000) for "unlawful dismissal of the plaintiff from the employment of the defendant." The plaintiff, being dissatisfied with the decision of the High Court dismissing the action, appealed to the Court of Appeal of the former Western State, hereinafter referred to as "the Court of Appeal". The Court of Appeal allowed the appeal and held that the plaintiff was entitled to damages for wrongful dismissal, but adjourned to determine the issue of damages and later awarded the plaintiff N22,000 for the loss of salary claimed by him. The defendant, being dissatisfied with the decision (or decisions) of the Court of Appeal to allow the appeal and award damages to the plaintiff filed an application for leave of that Court to appeal to the Supreme Court.

The plaintiff raised a preliminary objection which was overruled and he appealed against the decision overruling the preliminary objection.