(2014) JELR 39792 (CA)    

Court of Appeal  ·  CA/C/209/2013 ·  27 Feb 2014 ·  Nigeria
UZO I. NDUKWE-ANYANWU Justice of The Court of Appeal of Nigeria CHIMA CENTUS NWEZE Justice of The Court of Appeal of Nigeria ONYEKACHI A. OTISI Justice of The Court of Appeal of Nigeria
Core Terms Beta
responsible person
2nd defendant
civil procedure
proper service
cross river state high court
trial court
cross river state
old odukpani road
ikwo etim
lower court
sales boy of a cement shop
service of court processes
service of the originating processes
head office
leave of court
registered office
allied matters act cap
appellant amounts
chima centus nweze
combined effect of the provisions of section
cross lines motor park
favour of the appellant
issue of service of court process
jurisdiction of the lower court
leading judgment
officer of the company
order of perpetual injunction
originating processes
prescribed mode of service
present appellant
proper service of the originating process
provisions of order
relevant application
relevant provisions
ruling of honourable justice adie onyebueke of the high court
s.78 of companies
suit no. hc
uzo i. ndukwe-anyanwu
vital information
v. la-terminal co. ltd

UZO I. NDUKWE-ANYANWU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of Honourable Justice Adie Onyebueke of the High Court of Cross River State, sitting in Calabar, delivered on Thursday 16th May, 2013. Appellant's application at the lower court to strike out the suit or set aside the Writ of Summons was struck out hence, this appeal.

The Respondents, herein as Claimants, at the lower court commenced Suit No. HC/434/2012 against Ikwo Etim and the Appellant herein claiming the following reliefs:

i) A Declaration that the Claimants are entitled to the Statutory Right of Occupancy over the land-in-dispute known to parties and shown in the pictures taken and further described as No. 92 Old Odukpani Road, which institute on or is the same as No. 33 Murtala Mohammed Highway, near Cross Lines Motor Park and also opposite Conoil Petrol Station, Calabar.

ii) An Order cancelling Defendant's title, registration, leases, agreements and all other transactions ent…

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