(2001) JELR 44354 (CA)    

Court of Appeal  ·  CA/E/153M/99 ·  22 Feb 2001 ·  Nigeria
Other Citations
Ayalogu v. Agu (2002) 3 NWLR (Pt. 753)168
JUSTIN THOMPSON AKPABIO Justice of The Court of Appeal of Nigeria EUGENE CHUKWUEMEKA UBAEZONU Justice of The Court of Appeal of Nigeria SULE AREMU OLAGUNJU Justice of The Court of Appeal of Nigeria
Core Terms Beta
writ of summons
learned trial judge
life of the writ
good reasons
suo motu
date of its issue
supreme court
brief of argument
case service of an originating process
civil procedure
enugu state
expiration of the current period
gratuitous order
life of the writ of summons
said application
senior advocate
court of appeal rules
extension of the life of the writ
high court rules
lagos state high court
life of a writ of summons
ultra vires
applicable rules of court
enugu state high court
ex-parte order
failure of the respondents
fresh order
given case
high court of enugu state of nigeria holden
interlocutory application
life of a writ
life span of a writ of summons
only disputed point
previous order
provisions of order
respect of this issue
said writ of summons
service of their writ of summons
service of writ of summons
such power
topic of renewal
trial court
trial judge
unsolicited order

AKPABIO, J.C.A. (Delivering the Leading Judgment): This is an appeal against a decision of Onyia, J. of the High Court of Enugu State of Nigeria holden at Enugu in Suit No. E/434/92 delivered on 9/2/94, wherein in an interlocutory application for setting aside an ex-parte order for substituted service, he not only varied his previous order for service of writ of summons through counsel and made a fresh order that the service be effected by publication in one of the local dailies, namely "The Daily Star", but he went further to make the following unsolicited or gratuitous order: "The life of the writ is hereby extended by six months ".

The defendants in the suit being dissatisfied with the said gratuitous order have appealed to this court.

It is not necessary to give in detail the chieftaincy wrangling that erupted between the plaintiffs and the defendants in this case, what is necessary is to say that following protracted difficulties in effecting service of their writ of summons on …

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