7-UP BOTTLING COMPANY LTD & ORS
V.
TRIO COMMODITIES COMPANY LTD

(1994) JELR 45353 (CA)    

Court of Appeal  ·  CA/K/212/91 ·  21 Jun 1994 ·  Nigeria
 · 
Other Citations
7 Up Bottling Co. Ltd. v. Trio Comm. Co. Ltd (1996) 6 NWLR (Pt.455)
CORAM
MURITALA AREMU OKUNOLA Justice of The Court of Appeal of Nigeria MAHMUD MOHAMMED Justice of The Court of Appeal of Nigeria OKWUCHUKWU OPENE Justice of The Court of Appeal of Nigeria
Core Terms Beta
counsel
order
respondent
appeal
rules
writ of summons
issues
leave of court
civil procedure
high court
learned trial judge
plaintiff
grounds
grounds of appeal
appellants
issue no.1
kwara state
set aside
anambra state
defendants
lagos state
learned counsel
service of the writ of summons
service of writ of summons
statement of claim
suit no. kws
supreme court
civil process act
court jurisdiction
end of the submissions
following vigour
issue of failure
main issue
mandatory provisions of the high court
muritala aremu okunola
only point of disagreement lies
own part mr. yusuf ali
provisions of the law
purported validating order
respondent brief
ruling of the high court of kwara state
said appellant
starting point
sub issue
suo motu
time of such validation
trial high court
trial judge

MURITALA AREMU OKUNOLA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Ruling of the High Court of Kwara State holden at Ilorin delivered on 20/7/89 in suit No. KWS/262/88 by Elelu Habeeb J.

The facts of this case briefly put were as follows: - The respondent here as plaintiff at the trial High Court sued the defendants the appellants herein by an application for Writ of Summons together with its Statement of Claim, Form 1 to the schedule the High Court (Civil Procedure) Rules, 1987 as contained on pages 1-4 of the records. The defendants/appellants filed a Motion for an order dismissing the plaintiff's/respondent's suit because it failed to disclose reasonable cause of action. The defendant/applicant further complained that the Writ of Summons which was for Service in Lagos State were not endorsed as required by the Sheriffs and Civil Process Act. The applicant further complained that no leave of court was obtained before the issuance and Service of the Writ …

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