IKYEGH JCA (Delivering the Lead Judgment): The appeal is from a decision of the High Court of Justice of Lagos State(the court below), dismissing the preliminary objection to the action brought at the court below by the respondents against the appellant on ground of lack of jurisdiction arising from alleged non-service of originating processes on the appellant. In summary, the action was brought by the respondents against the appellant for declaration of entitlement to a statutory right of occupancy over a plot of land located at Ogombo town, in Eti-Osa Local Government Area of Lagos State and for N5,000,000.00 (five million naira) general damages as well asN2,000,000.00 (two million naira) special damages for trespass, plus a perpetual injunction over the disputed plot of land.
The a ppe lla nt filed a pre limina ry objec tion to the jurisdiction of the court below on the premise that she was not served the originating processes. The court below heard the preliminary objection and dis…