The 1st respondent is the widow of one Rufus Akinnubi who died intestate in Lagos on 6th February, 1983. They were married under Yoruba Customary Law and had five children who were all minors when their father died. The Deceased owned a building in Okitipupa which was let to Owena Bank - 3rd respondent.

In 1986, 1st and 2nd appellants (brothers to Rufus) applied to the Probate Registrar in Ondo State for letter of administration of the estate of Rufus Akinnubi. Application was published in a public notice and on seeing the publication, 1st respondent got her solicitor to lodge a caveat against the application. On 11th July 1986, 2nd respondent granted letters of administration to the 1st and 2nd appellants. Consequently, 1st respondent got a warning letter delivered to 3rd respondent giving the bank notice that letters of administration had been irregularly granted to 1st and 2nd appellants and that the bank should not deal with them. Hence the 1st respondent commenced action.

1st respondent in her statement of claim maintained that since her husband's death, she had single handedly kept her children without help from any relation. The 1st and 2nd appellants averred that she had no locus standi since she being, under customary law, a part of her husband's estate to be administered. 1st respondent also filed a motion praying the court for an order directing 3rd respondent to make payment of three years advance rent or an interim payment of one year rent pending final determination of the substantive suit.

Trial court held that 1st respondent had locus standi and the prayer of the 1st respondent was granted. Dissatisfied, appellants appealed to the court of appeal which dismissed the appeal and amended the capacity in which the 1st respondent sued, as next friend to the five named children of the marriage instead of as guardian ad liten. Appellants went to the Supreme Court.