The Appellant had instituted an action by writ of summons against the Respondents who live outside the jurisdiction of Lagos State and on the same day filed an ex-parte application praying for leave of the Court to issue the writ and serve same outside the jurisdiction. The prayers sought in the motion paper were granted and later the Respondents were served.

The Respondents filed a notice of preliminary objection to set aside the issuance and service of the writ and the statement of claim, and also to strike out the suit. In the course of the argument one of the questions that arose for determination by the Court was which Rules of Court applied id est, - the 1972 Rules or the 1994 Rules of Lagos State High Court. The High Court held that it was 1972 Rules that applied in the case and ruled inter alia as follows:-

The Appellant piqued by the ruling of the Court below appealed to the Court of Appeal on the questions of applicable Rules of Court, and also on the writ not having been endorsed. The Respondent cross appealed on the aspect of the decision dealing with subsequent leave to issue and serve and the number of days limited for acceptance. The Court of Appeal dismissed the appeal and allowed the cross-appeal. The Appellant doggedly appealed to this Court.