Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



MEDOUSA MARITIME & ANOR
V.
JOSEPDAM & SONS (NIGERIA) LTD

(2014) JELR 39942 (CA)    

Court of Appeal  ·  CA/L/714/2008 ·  31 Mar 2014 ·  Nigeria
CORAM
RITA NOSAKHARE PEMU JCA SAMUEL CHUKWUDUMEBI OSEJI JCA TIJJANI ABUBAKAR JCA

Ratio Decidendi

Core Terms Beta
jurisdiction
writ
rule
writ of summons
order
federal high court
respondent
appellants
learned trial judge
civil process act
motion exparte
admiralty jurisdiction procedure rules
issues
court processes
notice of appeal
substantial compliance
trial judge
grounds of appeal
lower court
ems courier services
good service
laws of the federation of nigeria
leave of this honourable court
service of the writ of summons
issue of the writ
such order
virtue of the provisions of order
ajide v. kelani
appellant's issues
briefs of argument
considered ruling
copy of an unsigned writ of summons
copy of shipping date register
following reliefs
further orders
grant of leave
honourable court
jurisdiction of this honourable court
provisions of the law
purpose of elucidation
record of the fact
said application
said date
said motion exparte
said ruling of the lower court
supreme court decision
virtue of the interpretation section


SAMUEL CHUKWUDUMEBI OSEJI, J.C.A. (Delivering the Leading Judgment): By a motion ex parte dated 8-12-2006 the Respondent had as plaintiff in the lower court sought the following reliefs:-

"(a) An Order granting Leave of this Honourable Court to issue Writ of Summons for service on Defendant outside jurisdiction and deeming the Writ already issued as properly issued.

(b) Leave for substituted service of the Writ of Summons together with all other court processes on the Defendant at their last known addresses at:

i) MEDOUSA MARITIME

83, G. LYRA Street

ATHENS, Greece

ii) American Steamship Owner

P and 1 Association,

New London House

6 London Street, London EC3R 7LP

United Kingdom

(c) An order granting leave of this Honourable Court for the Writ of Summons together with all other court processes to be served by substituted addresses and the evidence of delivery from Nipost - EMS Courier services to be filed in court and same to be deemed as proper and good service and for such order or f…

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