CHIDI NWAOMA UWA, J.C.A. (Delivering the Leading Judgment): This is a consolidated appeal against the judgment of Candide - Johnson, J. of the High Court of Lagos State.
The respondent as claimant at the trial Court commenced this action by way of originating summons dated 8th November, 2004. It was alleged that on the 10h of November, 2004 without an Order of the Court, the claimant purportedly served all the originating processes on the Defendants, including the 1st and 2nd appellants herein by pasting on the entrance gate of the 1st Defendant (Estate of the late Akin Joacquim) as well as the "wall of all the buildings of the unknown persons."
The appeals would be determined in the order they were argued.
CA/L/1143/10
The 1st and 2nd Appellants objected to the suit on the ground that the suit was not initiated by due process of law and prayed that it be struck out. The trial Court rather than strike out the suit, converted the originating summons to a writ of summons and directed the Re…