Appellant was an employee of the respondent. Appellant and others were charged with misappropriation of funds from the respondent.

During the pendency of the suit, respondent terminated the appointment of the appellant.

Aggrieved the appellant filed a writ of summons against the respondent claiming damages for wrongful termination of employment. Appellant argued that the criminal proceedings ought to have been finished with first and that according to the common law rule in Smith v Selwyn no civil action can arise until prosecution of the criminal charge.

Respondent raised a preliminary objection to the suit, on the grounds that it was statute barred.

The trial court upheld the preliminary objection and dismissed the appellant's action for being statute barred.

Being dissatisfied with the ruling the appellant appealed to the Court of Appeal which in determining the appeal.