(2018) JELR 39045 (CA)    

Court of Appeal  ·  CA/L/680/2015 ·  9 Mar 2018 ·  Nigeria
MOHAMMED LAWAL GARBA Justice of The Court of Appeal of Nigeria YARGATA BYENCHIT NIMPAR Justice of The Court of Appeal of Nigeria ABIMBOLA OSARUGUE OBASEKI-ADEJUMO Justice of The Court of Appeal of Nigeria
Core Terms Beta
lower court
ash law
originating processes
counter affidavit
summary judgment
learned trial judge
fair hearing
affidavit evidence
hearing notice
issue of jurisdiction
paras h
service of the originating processes
set aside
18th september
abimbola osarugue obaseki-adejumo
acknowledgement copy of writ of summons
akpabuyo local govt
better affidavit
brief of argument
cases of international nigerbuild const
close study
copies of bailiff affidavit
decision of the lagos state high court
failure of the lower court
favour of the claimant
further affidavit evidence
ground of lack of service
leading judgment
necessary step
proper service
records of court
resolution of the appeal
ruling of the court
single issue
such further others

ABIMBOLA OSARUGUE OBASEKI-ADEJUMO, J.C.A. (Delivering the Leading Judgment): The appeal is against the decision of the Lagos State High Court delivered by OLOKOBA, J., on 18th September, 2012 in favour of the Claimant/Respondent in the following relief:

"The sum of N10,600,000.00 being the sum outstanding on his fees and interest on the sum at the rate of 21% per annum from the 21st of May 2008 until judgment is entered and 10% thereafter until the sum owed is liquidated."

The Appellant/Defendant after summary judgment was entered against him contended the judgment on the grounds that he was not served the originating processes but only became aware through the hearing notice served on one of its officers. He then filed an application to set aside the summary judgment on the ground of lack of service and a further and better affidavit together with the statement of defense.

The lower Court refused this application and held that there was proper service, hence the appeal.

The Appellant's N…

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