The court considered whether the suit was time barred and If it was time barred whether the Plaintiff was entitled to invoke the provision of section 4 of Act 20 of 1969. Was she acting under disability? The court held that a dismissal of a suit on preliminary point not based on merits does not give rise to application of the doctrine of res judicata. The ground for the disability was therefore protracted negotiation of a settlement out of court.