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…

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