Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



AKINMOSIN
V.
MAKINDE & ANOR.

(2012) JELR 49310 (CA)    

Court of Appeal  ·  CA/B/12/2010 ·  3 Dec 2012 ·  Nigeria
CORAM
KUDIRAT MOTONMORI OLATOKUNBO KERE-EKUN JCA CHIMA CENTUS NWEZE JCA CHINWE EUGENIA IYIZOBA JCA

Ratio Decidendi

Core Terms Beta
appellant
lower court
counsel
default judgment
affidavit
counter affidavit
oral evidence
court processes
support of the application
trial judge
affidavit evidence
hearing of the case
conclusive proof
rebuttal of affidavit of service
said judgment
failure of the trial judge
fundamental right
itsekiri land trustees
leading judgment
own default judgment
said processes
service of the court processes
set aside
such evidence
view of the salient facts
affidavits evidence
appellant's affidavit evidence
bailiffs of the lower court
close of its proceedings
effect service
entrance of the appellant
exercise of a discretion
failure of a party
filling of affidavit of service
following issues
general rule
high court of ondo state
issuance of hearing notice
lagos high court
land matters
order of court
proof of service of the process
report of service
said application
said bailiffs
said court
said default judgment
service of the writ of summons
true position

CHIMA CENTUS NWEZE, J.C.A. (Delivering the Leading Judgment): By their application dated January 23, 2006, the plaintiffs (the respondents in this appeal) entreated the High Court of Ondo State, Okitipupa Division, with a supplication for an order for the issuance and service of the writ of summons on the defendant (now appellant) in an address outside its jurisdiction. That address was given as No. 66 Adeoye Street, Bariga, Lagos. On January 31, 2006, the said court (hereinafter referred to as the lower court), granted the order as prayed.

It would appear that attempts to effect service on the defendant proved abortive, hence, the plaintiffs (respondents herein) moved the lower court for leave to serve the defendant (appellant) by substituted means. On May 16, 2006, the lower court granted the said application. The plaintiffs/respondents' account was that the bailiffs of the lower court and of the Lagos High Court, duly, posted the said processes at the entrance of the appellant's ho…

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