Respondent by way of originating summons filed on the 26th June 1990, sought to set aside an award made in favour of the Appellant (who was resident in America) by Arbitrators.

The address for service of the Appellant endorsed on the summons was: "c/o Mr. Akinlolu, 33 Kano Street, Ebute Metta".

Respondent brought an application for accelerated hearing of the application. The affidavit of service showed that service had been effected on all parties on 20th September 1990.

The application for accelerated hearing was adjourned to be heard by the trial Court on 27th September 1990 whereupon one Mr. Olanihun claiming to be appearing for Mr. Akinlolu informed the Court that the arbitration proceeding in which Mr. Akinlolu had been Counsel for the Appellant having been concluded, Mr. Akinlolu was no longer agent for the Appellant.

The court took the view it could not force the agent to represent the Appellant and decided that the Appellant be served out of jurisdiction.

The motion for accelerated hearing was then adjourned to 16th October, 1990. However on 12th October 1990, Mr. Olanihun filed a Notice of Preliminary Objection that the originating summons was issued without leave of Court as stipulated by Order 2 rule 4 and in compliance with the Sheriffs and Civil process Act.

The trial Judge dismissed the Preliminary Objection.

Appellants appeal to the Court of Appeal was dismissed.

Appellant further appealed to the Supreme Court.