OGAKWU JCA (Delivering the Lead Judgment): The appellants were sued as the defendants in suit No. B/14/2012 at the High Court of Edo State. The action was in respect of land situate at Evboriaria Layout, Benin City, which the respondents as plaintiffs at the lower court claimed to be lawful owners of; they therefore claimed for a declaration, perpetual injunction and damages for trespass against the appellants.
Personal service of the originating process and other court processes could not be conveniently effected on the appellants, whereupon the respondents obtained an order for the court processes to be served on the appellants by substituted means to wit: delivering the same to some adult inmate and also pasting the same on the wall or fence of the last known places of abode of the appellants at Osarobo Idahosa Street, Off Benin Sapele Road, Evboriaria Village, Benin City and Sunny Ewemade Street, Off Benin Sapele Road, Evboriaria Village, Benin City respectively. The court proces…