The Respondent claimed a declaratory order in respect of the residue of the interest covered by a Statutory Right of Occupancy covering the disputed property. The Respondent further claimed injunction against the Appellant.

The Appellant had filed a Notice of Preliminary Objection against the Respondent's suit contending that the Respondent had no substantive and or legal right under the Sub-lease Agreement. The Appellant argued that the Sub-lease lacked all the essentials of a Sub-lease and the absence of the prior written consent of the Governor of Lagos State to the Sub-lease.

The Appellant filed a Motion to dismiss the Suit on the ground that the Suit is tainted with illegality; it is unlawful, null and void, unenforceable and disclosed no reasonable cause of action.

The Learned trial Judge dismissed the Motion on the ground that same was premature, as the issues raised, could not be determined solely on Affidavit evidence but should be determined when documents and oral evidence are placed before the Court.

The Appellant's appeal against the above decision of the trial Court was dismissed by the Court of Appeal. The Appellant further appealed to the Supreme Court.