THERESA NGOLIKA ORJI-ABADUA, P.J.C.A.: The Appellant and the 2nd Respondent were the defendants in the suit commenced by the 1st Respondent herein before the High Court of Ekiti State on the 7th September, 2015. After being served with the originating processes, they filed a Memorandum of Conditional Appearance on the 14TH January, 2016. The same was filed alongside a Motion on Notice praying the lower Court for an Order setting aside the issuance and purported service of the writ of summons on the 1st Defendant based on the grounds that the Claimant filed a suit in HCL/3/2015 dated 3rd August, 2015 on the 5th August, 2015 with the same parties and claim as exactly in the instant suit.
Secondly, the Claimant deposed to an oath in suit No. HCL/3/2015 that the 1st defendant is a Public Servant, a lecturer at the Federal University of Technology, Akure. Thirdly, the 1st defendant resides in Akure, Ondo State outside the jurisdiction of the Court to the knowledge of the claimant. The lower…