Customer Support
hello@judy.legal
GH / INTL +233 256 117 758
NG +234 806 831 9302

BRITISH AMERICAN TOBACCO (INVESTMENTS) LTD
V.
A.G. OF LAGOS STATE & ORS

(2014) JELR 34195 (CA)

Court of Appeal 30 Jun 2014 Nigeria
BriefBot icon

BriefBot Summary

Free

- The appellant, a resident of England, filed a motion to set aside an order granting the respondent leave to serve processes on the appellant outside of Nigeria. - The appellant argued that the respondent did not demonstrate a good arguabl

Case Details

Suit Number:CA/L/140/2010
Judges:AMINA ADAMU AUGIE Justice of The Court of Appeal of Nigeria YARGATA NIMPAR Justice of The Court of Appeal of Nigeria ABIMBOLA OSARUGUE OBASEKI-ADEJUMO Justice of The Court of Appeal of Nigeria
Counsel:A. Tunde-Olowu, Esq., with Magnus Amudi, Esq., and Miss Demilade Elemo For Appellant Babatunde Irukera, Esq., with Adegoke Adedoyin, Esq.,Miss Oluwatobi Akintujoye and Ogochukwu Odum, Esq. for the 1st RespondentPeters Agboola, Esq., with F. C. Anaje, Esq., for the 2nd RespondentOluwole Awe, Esq., for the 3rd RespondentFidelis Adewale, Esq., for the 4th Respondent For Respondent

AMINA ADAMU AUGIE, J.C.A. (Delivering the Leading Judgment): The Appellant is resident in England, and by a Motion Ex Parte dated 13/3/08, the 1st Respondent applied to the High Court of Lagos State for the following -

1. AN ORDER seeking the leave of this Hon. Court to serve the Writ marked concurrent and all other processes filed in this Suit on the 2nd - 5th Defendants.

2. AN ORDER directing such service to be effected by means of a reputable courier service.

3. AN ORDER settling a time certain (sic) of 42 (forty days) sic days from the service of the Writ as the as the time limit within which the 3rd - 5th Defendants should enter an appearance to this suit.

The Application granted on 14/3/08 was brought pursuant to Order 8 rule 1(f), (g) and (h) of the Lagos State High Court (Civil Procedure) Rules, which provides -

"A Judge may allow any originating processes - - to be served outside Nigeria where-

(f) The claim is founded on a tort committed within jurisdiction, OR

(g) An injunc…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.

Get Started Login