The plaintiff in this case took out a writ of summons from the Lagos High court claiming against the defendant damages for negligence, breach of duty as common law carrier and/or breach of contract.

Pleadings were duly filed and exchanged; and as it turned out at the close of pleadings, the facts in support of the plaintiffs claim were seriously not disputed. It was indeed admitted in the pleadings that the defendant undertook to and did convey the plaintiff and his luggage on its aircraft from Lagos to Frankfurt in Germany. On the strength of this agreement, according to the plaintiff an IBM typewriter was delivered to the defendant at the Lagos baggage check in counter for loading and delivery in Frankfurt. Unfortunately, when the aircraft landed in Frankfurt, the typewriter was missing, and every effort to recover it proved abortive. After some exchanges of correspondent between the parties the defendant, it would appeal offered to pay a certain amount of compensation an amount which the plaintiff considered rather too low and in consequence instituted the present action.

After parties were heard on the application the trial Judge struck out the action for being statute barred.

Being dissatisfied with the decision of the High Court the appellant appealed to the Court of Appeal contending that the Carriage by Air (Colonies Protectorates and Trust Territories) Order 1953 is no longer applicable in Nigeria since independence and relying essentially on the fact that it was omitted from the volumes of the Revised Edition of the Laws of Federation of Nigeria. 1990.