The appeal, emanated from an ex-parte motion in which the appellant had prayed the High Court, Lagos State for an order to:

The Writ itself was taken out on 14th January, 1981 in respect of a cause of action which arose on 15th November, 1976.

Under the ordinary Statute of Limitation, the action could have become statute-barred in another ten months i.e. on 14th November 1981, but by virtue of section 9 of the Limitation Law, Cap. 70 of the Laws of Lagos State, which stipulate three years for such suits, the action had become statute-barred as at the time when the Writ was filed.

However, the Writ remained unserved for several months thereafter, and it was at this point that the appellant began to run into legal problems.

On 29th of March, 1984 the plaintiff/appellant applied ex parte for an order extending time for renewal of the writ of summons and a renewal of the same for a period of 6 months. Accompanying this was an affidavit stating reasons for the delay in service.

Plaintiff/Appellant admitted that the writ had expired, but placed reliance on the provision of Order 5 rule 6 of the High Court (Civil Procedure) Rules 1972.

The Judge pointed out that the writ of summons had expired on 13th January, 1982 and that an application for renewal must be made before the writ expired, that on expiration of 12 months the writ died.

Appellant dissatisfied appealed to the Court of Appeal which held that the period could not be extended so as to make the renewal of the writ possible.

Appellant appealed to the Supreme Court.