KUTIGI, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal Lagos Division, delivered on the 17th day of April, 1991 dismissing the Appellant's appeal against the ruling of the Ikeja High Court of Lagos State delivered on January 17th, 1988 which set aside an earlier order of the court entering judgment for the Appellant (as Plaintiff) in that court on the ground inter alia that the Motion for Judgment was not served on the Respondents (as the Defendants). The facts of the case which are not disputed may be stated thus-
The Plaintiff/Appellant issued a Writ of Summons against the Defendants/Respondents on the 22nd day of February 1988 claiming against them jointly and severally the sum of N2.5 million being the balance of overdraft facilities granted to the Respondents by the Appellant as their bankers. The Appellant was unable to serve the Writ of Summons and the accompanying Statement of Claim on the Respondents personally. It the…