Facts:

The appellant supplied some goods to the respondent Company on the condition that payment for the goods will be made after sale of same by the respondent. The respondent defaulted in remitting payment for the goods and after several demands the appellant instituted an action at the Lagos State High Court where it sought for monetary reliefs.

At the trial court, the appellant joined the respondent together with one Geoffrey Asoegwu (deceased) as defendants, but upon his demise and via order of the court his name was struck out as a party. The appellant applied to the trial court for the substitution of the deceased (who was formerly the 2nd defendant) with his wife. In its ruling, the trial court dismissed the application and held that it lacked merit.

Dissatisfied with the decision of the trial court, the appellant appealed to the Court of Appeal.