ADAMU
V.
AKUKALIA

(2006) JELR 57827 (CA)

Court of Appeal · CA/IL/33/05 · 28 Apr 2006 · Nigeria
·

Other Citations

Adamu v. Akukalia (2007) 4 NWLR (Pt. 1023) 64

CORAM

ABOYI J. IKONGBEH JCA (Presided and Read the Lead Judgment) TIJJANI ABDULLAHI JCA (Dissented) HELEN MORONKEJI OGUNWUMIJU JCA

Core Terms ^Beta

appellant

rule

counsel

federal high court

trial court

chief clerk

civil procedure

mr. ipinlaiye

legal department

court processes

air force

learned trial judge

liaison offices

lead judgment

superior officer

1st respondent

chief of air staff

fact effect service

fundamental rights

mr. m. adimoha

rivers state government v

said chief clerk

affidavit of service shows

appellant’s cause

applicant’s counsel

brief of argument

court bailiff’s endorsement showsthat service

court’s file

effect of that failure

enactment of their provisions

entire case

facts of the case

garnishee order

inferior officers

necessary court processes

nigeria air force

obvious reasons

partiesbefore us.the appellant

proper service of the originatingprocess

purported service of all court processes

purported service of the court processes

respect of the monies of the nigeria air force

respondent’s complaints

respondent’s notice

ruling j. t. tsoho

set of rules

such accepting persons

technical point

valid service of the originating processes

IKONGBEH JCA (Delivering the Lead Judgment): This appeal lies within a very narrow compass. The short question is whether there had in law been valid service of the originating processes that issued out of the trial court, i.e., the Federal High Court, sitting at Ilorin, on the appellant herein, who was one of the three persons required to answer to the respondent’s complaints before that court. Before I proceed, I think it is necessary for me to make some preliminary explanatory remarks regardingthe partiesbefore us.The appellant listed three persons as respondents before us, namely, the applicant before the trial court, whom he listed as the 1st respondent, and the 1st and 2nd respondents before that court i.e., the Nigeria Air Force and the Chief of Air Staff, whom he listed as 2nd and 3rd respondents respectively beforeus. The appellant has made no complaint whatsoever in relation to any of them in this appeal. Neither of them has challenged the ruling appealed from by the appel…

ADAMU V. AKUKALIA

ADAMU
V.
AKUKALIA