(2008) JELR 39715 (SC)    

Supreme Court  ·  SC.391/2001 ·  18 Jan 2008 ·  Nigeria
Other Citations
Otu v. A.C.B. Int'l Bank Plc & (2008) 3 NWLR (Pt. 1073) 179 S.C. (2008)33 NSCQR Pt I 143 (2008)33 NSCQR Pt I 143
NIKI TOBI Justice of The Supreme Court of Nigeria GEORGE ADESOLA OGUNTADE Justice of The Supreme Court of Nigeria FRANCIS FEDODE TABAI Justice of The Supreme Court of Nigeria IBRAHIM TANKO MUHAMMAD Justice of The Supreme Court of Nigeria PIUS OLAYIWOLA ADEREMI Justice of The Supreme Court of Nigeria
Core Terms Beta
court of appeal
statement of claim
learned trial judge
writ of summons
trial court
high court
3rd party
alhaji kabiru rufai
extension of time
immovable property of the defendant
service of the statement of claim
fair hearing
judgment of the court of appeal
said judgment
10th october
following orders
issue no.3
leo attah ekpo
order of this court
right of appeal
case file
high court of lagos state
judicial process
lagos state high court
leading judgment
learned justices of the court of appeal
motion of notice
original defendant
said non-compliance of my order
substituted service
brother tobi j.s.c.
case of grant of bail
default of appearance of the defendant
defendant hearing
door of the last known place of business
issue of the purchased property
jurisdiction of the honourable court
order of sale of 19th january
recovery of the sum of n99,653.85
ruling of the learned trial judge
ruling of the trial court
single issue
urgent need

NIKI TOBI, J.S.C. (Delivering the Leading Judgment): Leo Attah Ekpo was the original defendant in this case. Following his death, Ekanem Ekpo Otu was substituted to take his place. That was on 16th September, 1997 in the Court of Appeal. A dead man is not in a position to handle or follow litigation. He lacks the capacity to be a party in a litigation.

The matter, which was commenced in the High Court of Lagos State, was for the recovery of the sum of N99,653.85, being amount of overdraft facilities (including interest) owned by Leo Attah Ekpo. Following the substituted service, the learned trial Judge gave judgment to the plaintiff/respondent in default of appearance of the defendant in the sum of N93,676.50. That was on 10th October, 1988. On 19th January 1990, the plaintiff/respondent applied and obtained from the court an order "to attach and sell the immovable property of the defendant/respondent/debtor within the jurisdiction of the Honourable Court". Alhaji Kabiru Rufai was the…

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