Respondent as plaintiff in the High Court of Lagos State, sought an interim injunction to restrain the Military Government of Lagos State, the Commissioner of Police Lagos State, and the Attorney-General Lagos state, from ejecting him as well as the members of his family from No. 29, Queen’s Drive, Ikoyi.

The learned trial judge refused to grant the order against the Lagos State government, on the grounds, inter alia, that the respondent/plaintiff had failed to show that he had legal right to or interest in the said property.

Respondent thus filed an application as a party interested before the Court of Appeal, asking for leave to appeal against the ruling of the High Court and that he be re-instated in his residence. While the application was pending before the Court of Appeal, the then Military Government of Lagos State forcibly ejected the respondent with the aid of armed men.

The Court of Appeal in its ruling, held that respondent be re-instated, following the forcible ejection. The Military Government in turn refused to comply with the order, but applied to the Court of Appeal, for an order pursuant to section 18 of the Court of Appeal Act for a stay of execution of the mandatory injunction granted to respondent. The application was refused, thus the defendants appealed to the Supreme Court.