IGBINOBA
V.
IGBINOBA & ORS.
·
Igbinoba v. Igbinoba (2003) 2 NWLR (Pt. 803) 39
AKAAHS, J.C.A. (Delivering the Leading Judgment): A comedy of errors resulting to the rather bizarre ex-parte order, has been played out in the case leading to this appeal. The substantive action is yet to take off from the ground. Pleadings are yet to be filed, talk less of evidence. The drama all started when the plaintiffs took out a writ of summons against the defendant, claiming the sum of N4,272,333.50k as special damages for the destruction, which the defendant caused to the plaintiffs' properties. Simultaneously, with the issuance of the writ on 26/1/98, the plaintiffs sought and obtained through an ex-parte application an order of the lower court, wherein the defendant was ordered to give security for this appearance to answer and satisfy any judgment that may be delivered against him.
The drawn up order reads as follows:
"... The defendant is ordered to give security for his appearance to answer, and satisfy any judgment that may be passed against him in this suit, in the e…