The Plaintiffs had in the High Court, holden at Yola obtained Judgment against the Defendants which states in part:-

"..........The Defendants shall pay the N5,000 and costs of N500 as damages to the Plaintiffs on or before 12/5/1994"

This was on 12th May 1994. There was no appea1 against the judgment.

The Defendants promptly paid the sum of N5,500 awarded to the Plaintiffs who objected and insisted that the amount awarded as damages was N5,000,000 (five million naira) as per their writ of summons and not N5,000 (five thousand Naira). In furtherance of their claim the Plaintiffs attached some of the Defendants' properties by virtue of a writ of execution issued by the same Court. In a reaction, tile Defendants filed a motion praying the Court to set aside the writ of attachment and the execution. The Plaintiffs opposed. In his ruling of 30/12/94, the learned trial Judge granted the prayers of the Defendants and reaffirmed his earlier judgment of 12/5/94, that he only awarded the Plaintiffs N5,000 (five thousand naira) as damages and not N5,000,000 (five million naira) as claimed by the Plaintiffs.

Aggrieved by the Ruling of the learned trial Judge, the Plaintiffs appealed to the Court of Appeal. The Court of Appeal dismissed the appeal.

Still aggrieved the Plaintiffs appealed to the Supreme Court.