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BRITISH AMERICAN TOBACCO (NIGERIA) LIMITED
V.
A-G OF OGUN STATE & ORS

(2013) JELR 35865 (CA)

Court of Appeal 16 May 2013 Nigeria
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- The appeal challenged the ruling of the Ogun State High Court (delivered 20 May 2010) dismissing an application to set aside the issuance and service of a writ of summons, and to strike out Suit No. AB/61/2008 for not being initiated by d

Case Details

Suit Number:CA/I/252/10
Judges:MONICA BOLNA'AN DONGBAN-MENSEM Justice of The Court of Appeal of Nigeria CHIDI NWAOMA UWA Justice of The Court of Appeal of Nigeria ADAMU JAURO Justice of The Court of Appeal of Nigeria
Counsel:Adeniyi Adegbonmire Esq. with Peters O. Agboola Esq. and Joshua Abe Esq. For Appellant Prof. Yemi Osibanjo (SAN) with Babatunde Irukera Esq., Dapo Akinosun Esq., Mrs. V.O.M. Alonge, Miss Funmilola Mesaiyete, Bashir Ramoni Esq. and Seun Lawal Esq. for 1st Respondent; Oluwole Arue for 2nd Respondent;Fred Onuobia with Fedelis Adewole for the 3rd Respondent; Mrs. Olufunke Olukoya (SAN) with Perenami Abah (Miss) for the 4th Respondent. For Respondent

CHIDI NWAOMA UWA, J.C.A. (Delivering the Lead Judgment): The appeal is against the Ruling of the Ogun State High Court, Abeokuta Judicial Division, delivered on 20th May, 2010 by Olopade, J. (now Chief Judge) in which the lower court dismissed the Appellant's application (as 1st Defendant) in which the following orders were sought:

(i) "Set aside the issuance and subsequent service, on the Appellant, of the concurrent writ of summons purportedly issued out of the Registry of the lower court on 16th May, 2008, and

(ii) Strike out this Suit (i.e. Suit No. AB/61/2008) by reason of the fact that it was not initiated by due process of law."

With reference to the concurrent writ of summons at pages 1-3 of the printed records, the Appellant observed that on the face of it, does not state the date on which it was issued, while the copy served on the Appellant had 16th May, 2008 as date of issue, for this reason the date of issue of the concurrent writ of summons was referred to by the Appella…

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