GEORGE OLADEINDE SHOREMI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Ruling of the Benin High Court of Justice sitting in Benin, Edo State delivered on 21st November 2001 in which the application to set aside the judgment delivered on the 11th day of July, 1997 in favour of the Respondents.
The facts as gathered from the file is that the father of the appellant filed a writ of summons and State of Claim against the Respondents and the Respondents filed their Statement of Defence and in an Amended 'Statement of Defence the Respondents adduced and counter claim.
Pleadings were settled by one Dr. C.Y.O. Adei Aburime and Company Solicitors. Following the death of A. Aburime of Counsel one S.D.N. Osakwe became the Solicitor to the Respondents.
In the process a motion for substituted service dated 22 June 1994, the Respondents in their affidavit deposed to the fact that the appellant's counsel had moved out of jurisdiction of the Court and could not be served. …