The Plaintiff/Respondent applied for an interim injunction to restrain the Appellants from carrying out their threat of strike pending the hearing of the interlocutory injunction.

They also sought and obtained leave of Court to sue the 2nd Defendant/Appellant both in his personal and official capacity. The Defendants/Appellants raised by a notice of preliminary objection pursuant to Section 251 of the 1999 Constitution and Order 23 Rule 4 of the Lagos State High Court (Civil Procedure) rules 1994 a number of issues with regard to the competence of the suit.

The trial Court decided that it has no jurisdiction and struck out the Plaintiff's suit without ruling on the remaining issues properly raised in notice of preliminary objection.

The Plaintiff/Respondent being dissatisfied with the decision appealed to the Court of Appeal and the Defendants/Appellants cross-appealed on the failure of the trial Court to pronounce on the other issues as raised in the notice of preliminary objection. The Court of Appeal held that the trial Court has the jurisdiction to entertain the claim in its entirety and allowed the appeal to that extent, it however dismissed the cross-appeal as devoid of merit. The Defendants/Appellants dissatisfied with the decision now appealed to the Supreme Court.