The claim of the plaintiff who is the Respondent in the appeal in this Court, and who, to avoid confusion, would be referred to as the Plaintiff/Respondent hereinafter in this judgment, in the High Court of the Midwestern State, as the present Bendel State was known at the time of the issuance of the writ of summons, was for

The learned Chief Judge of the State, Ovie Whiskey, C.J. (as he then was), who tried the case, ordered pleadings which were duly delivered. He took evidence led in the case and then came to the conclusion that the Plaintiff/Respond¬ent failed to discharge the onus on her in the case. He accordingly dismissed the claim.

The Plaintiff/Respondent appealed to the Federal Court of Appeal against that judgment where the trial judge's decision was set aside and an order made in favour of the plaintiff in the terms of her claim

The defendants appealed to the Supreme Court.