IDIATA & ORS
V.
EJEKO

(2004) JELR 44995 (CA)

Court of Appeal · CA/B/211/99 · 30 Jan 2004 · Nigeria
·

Other Citations

Idiata v. Ejeko (2005) 11 NWLR (Pt.936) pg.936

CORAM

RABIU DANLAMI MUHAMMAD Justice of The Court of Appeal of Nigeria MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE Justice of The Court of Appeal of Nigeria NWALI SYLVESTER NGWUTA Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms ^Beta

motion

order

appellants

counsel

issue

issues

writ of summons

2nd defendants

learned trial judge

grounds of appeal

high court

lower court

default of appearance

delta state

brief of argument

respondents

trial court

leading judgment

set aside

1st february

1st mention of the suit

civil procedure rules of bendel state

court ordering

favour of the respondents

following order

issele-uku high court

issue iii

issue iv

learned judge

leave of court

legal principles

mr. j.l. oni nd another

notice of appeal

ogwashi-uku division of the high court of delta state

original issue

personal capacity

personal service of court process

points of law counsel

police officer

presiding judge awala j.

proof of service of court processes

rabiu danlami muhammad

said writ of summons

suit no.

trial judge

uku high court

view of the proof of service

want of proper service of court processes

NWALI SYLVESTER NGWUTA, JCA (Delivering the Leading Judgment): Suit No. 0/10/96 was initiated in the Ogwashi-Uku Division of the High Court of Delta State. Endorsed on the Writ issued on 17/1/96 is the plaintiff's claim for!

(1) N3000.000.00 as special and general damages for assault and battery against the 3rd and 4th

defendants jointly and severally and

(2) N1, 700.000.10 as special and general damages for malicious prosecution against the four defendants jointly and severally.

The 3rd and 4th defendants entered appearance in the suit on 23/2/96 . On 22/3/96 the plaintiffs filed a motion to set down the case for hearing in default of appearance by the 1st and 2nd defendants. On 15/4/96 the plaintiff filed another motion, this time asking for enlargement of time to file his statement of claim, having run out of time. The statement of claim was subsequently filed on 7/5/96. On 19/6/96 the presiding Judge Awala J. made an order transferring the case from Ogwashi -Uku to Issele- Uku H…

IDIATA & ORS V. EJEKO

IDIATA & ORS
V.
EJEKO