EMMANUEL AKOMAYE AGIM, JSC (Delivering the Leading Judgement): This Appeal No. SC.1046/2017 is against the judgment of the Court of Appeal delivered on 5-7-2017 in Appeal No. CA/L/175/2016 setting aside the ruling of the High Court of Lagos State rendered on 1-6-2015 in Suit No: LD/8856/2014 to the extent that it held that the respondent was personally served the originating processes of the Suit at the trial court and affirming the part of the said ruling that held that appellants' statement of claim did not disclose a reasonable cause of action.
The notice of this appeal on four grounds of mixed law and facts was filed on 21-7-2017 without the leave of the Court of Appeal or of this Court to appeal on such grounds first obtained to do so. This notwithstanding, the parties filed, exchanged and adopted their respective briefs as follows- appellant's brief, respondent's brief and appellant's reply brief.
The appellant's brief raised the following issues for determination -
a. Whether or n…