Customer Support

ADEGOKE MOTORS LIMITED
V.
ODESANYA & ORS

(1987) JELR 42370 (CA)

Court of Appeal 9 Nov 1987 Nigeria
BriefBot icon

BriefBot Summary

Free

- Non-compliance with sections 97 and 99 of the Sheriffs and Civil Process Act regarding service of writ outside jurisdiction constitutes an irregularity, not a nullity, if the defendant enters appearance or takes steps in the proceedings;

Case Details

Suit Number:CA/L/218/87
Judges:ADENEKAN ADEMOLA Justice of The Court of Appeal of Nigeria UTHMAN MOHAMMED Justice of The Court of Appeal of Nigeria EPHRAIM OMOROSE IBUKUN AKPATA Justice of The Court of Appeal of Nigeria
Counsel:Kola Awodein with Olatunji For Appellant K.O. Tinubu with Mowoe For Respondent
Other Citations:Adegoke Motors v. Odesanya (1988) 2 NWLR (Pt. 74)

ADENEKAN ADEMOLA, J.C.A. (Delivering the Leading Judgment): This appeal raises three matters:

1. Whether the decision of the Supreme Court in Sken Consult Nigeria Limited Anothers v. Ukey (1981) 1 SC 6 is applicable to the instant case.

2. Whether there is a conflict between that decision and the decision of the Supreme Court in Ezomo v. Oyakhire (1985) 1 NWLR Part 2 page 195.

3. Whether Order 10 Rule 7 of the Lagos State High Court Rules are applicable in the award of unliquidated damages in the instant case.

In the court below the Respondents have claimed against the appellant the sum of N60,280.00 as damages for negligence by the appellant through a servant or agent. The appellant through his solicitor Messrs. Bamidele Aiku entered appearance to the writ of summons served on the Appellant but took no other step or part in the proceedings until judgment was entered against the Appellant. The Respondent obtained against the Appellant judgment through a summary procedure under Order 1…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.