Ratio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



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…

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