IBIYEYE, J.C.A. (Delivering the Leading Judgment): This is an appeal from the ruling of Sanda, J. of the High Court of Justice, sitting in Ibadan Judicial Division, delivered on the 1st day of August, 2002.
The ruling is sequel to the preliminary objection raised by the defendant as to the validity of the writ of summons of the plaintiff on the non-inclusion of the place of abode of the plaintiff on the endorsement on the said writ of summons and the legality of the plaintiff's writ of summons in maintaining an action against the defendant, while he was the Executive Governor of Oyo State. On 29th November, 2001, when the action in point was initiated. The endorsement on the writ of summons filed by the plaintiff reads:
"The plaintiff claims against the defendant as follows:
(i) The sum of One hundred million naira as damages for libel published by the defendant on page 20 in the City People Magazine issue of 10th October, 2001, and concerning the plaintiff under the headline "Aide sw…