PETER-ODILI, J.S.C. (Delivering the Leading Judgment):This appeal is against the judgment of the Court of Appeal, Lagos Division delivered on 26th day of June, 2015 or court below or lower court, Coram: Joseph Shagbaor Ikyegh, Chinwe EugeniaIyizoba and Abimbola Osarugue Obaseki Adejumo, J.C.A, setting aside the ruling of O.A. Williams, J. of the High Court of Lagos State delivered on 29th day of July, 2010.
Background Facts
The 1st respondent herein was the appellant in the court below. On the 29th October, 2007 the 1st respondent as claimant filed some writs of summons, statements of claim and all the accompanied processes at the Ikeja High Court Registry being 10/1387/2007,10/1388/2007 and 10/1389/2007. In all of the suits above stated which mainly were for libel against 4 defendants jointly and severally, the appellant herein (in suit number 10/1386/2007) was the 4th defendant.
After the writ of summons herein was sealed, issued and processed for service on the defendant, the claimant…