YARGATA BYENCHIT NIMPAR, JCA (Delivering the Leading Judgment): This Appeal is against the Ruling of the High Court of the Federal Capital Territory sitting in Abuja delivered on the 16th November, 2017 by HON. JUSTICE S. B. BELGORE wherein the trial Judge upheld the Preliminary Objection raised by the Respondent challenging service of the Writ of Summons issued under the Undefended List procedure on a branch office of the Respondent for being improper. Dissatisfied with the decision, the Appellant filed a Notice of Appeal on the 15th December, 2017 donating 4 Grounds of Appeal.
The facts leading to this Appeal are amenable to brief summary. The Appellant took out a Wit of Summons under the undefended list against the Respondent claiming various sums of money being legal fees and interest upon the principal sum. Service of the Originating Processes was effected on an office of the Respondent in Abuja and not in the Head Office or Registered office. Piqued by the service, the Respondent…