The brief facts of the case are that the Appellant in response to an advertisement placed by the Respondent by which it called on interested members of the public to apply for allocation of houses in its housing estate at Festival Town, Lagos, applied and paid the required application fee. A balloting was held and the Appellant was successful. She was allocated a flat and the Respondent communicated that to her. But the dispute arose when the Respondent failed to deliver the flat allocated to her despite repeated demands. The Appellant then instituted the present action.

The Respondent reacted by raising an objection to the competency of the action on the ground that it was statute barred by virtue of Section 8(1) of Limitation Law of Lagos State.

The learned trial Judge upheld the objection and dismissed the action on the ground that the action was statute barred. An appeal by the Appellant to the Court of Appeal was dismissed.

Dissatisfied with the dismissal of her appeal, the Appellant appealed to the Supreme Court.