The claimant company Tube Tech International Ltd (Tube Tech) specialised in the cleaning of industrial pipe work and allegedly entered into four contracts for the cleaning of a natural gas plant in Nigeria with the first four defendants (TSKJ) who, it was claimed, was acting as a consortium.

The claim was for the unpaid balance invoiced under those four contracts plus interest. The defendants counterclaimed for breach of contractual condition as to provision of personnel.

TSKJ contended that neither individually nor collectively had they ever contracted as a consortium with any person, including the Tube Tech. TSKJ contended that Tube Tech contracted with the fifth defendant, LNG. The members of TSKJ controlled LNG.

The major issue in the case was the identity of the parties with which Tube Tech contracted.