The respondents had sued the appellant claiming damages for destruction of their crops done during seismic work done by the appellant on the respondents' lands. The appellant had filed a motion praying the court to dismiss the respondents' action on the grounds that they did not comply with the provisions of Sections 97-101 of the Sheriffs and Civil Process Act, as they did not obtain leave to issue the writ of summons which was meant for service outside the jurisdiction of the court and failure to issue the statutory notice required under the NNPC Act.

The learned trial Judge overruled the objection and struck it out with no order as to costs.

The appellant was dissatisfied with the aforesaid ruling, it appealed to the Court of Appeal.