SAMUEL CHUKWUDUMEBI OSEJI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Edo State sitting at the Benin Judicial Division and delivered by Erhabor J. on the 10th day of October, 2008.
The facts as can be gleaned from the record of appeal is that the 1st Respondent in this appeal had on the 17/2/2003 paid for and filed a writ of summons against the Appellants herein as defendant in the trial Court. The 1st Respondent also filed a statement of claim along with the said writ of summons on the said 17/2/2003.
Given that the Appellants are resident in Lagos a place outside the jurisdiction of the Edo State High Court, the 1st Respondent vide an ex parte application also filed on 17/2/2003 applied for leave to issue and serve the already filed writ of summons on the Appellants. The said application was granted vide an order ex parte made by the trial Court on the 20/3/2003.
The Appellants who were duly served with the said writ of summons…