IKONGBEH, JCA: (Delivering the Lead Judgment) The respondent herein, as plaintiff, took a writ of summons out of the Rivers State High Court, Port Harcourt, against the appellant herein, as defendant, challenging his dismissal by the latter from its service. According to him, at the time of his dismissal on 20/8/84, he was working at defendant’s Port Harcourt office.
The writ, together with the statement of claim, was served on the defendant at its head office in Falomo, Lagos, which, unarguably is outside Rivers State. Upon receipt of the writ, the defendant caused a conditional appearance to be entered on its behalf. Five days later it caused a search to be conducted in the registry of the court with a view to ascertaining whether or not leave of the court had been sought and obtained by the plaintiff prior to the issuance of the writ. Upon receiving a reply from the registrar in the negative, it caused a motion on notice to be filed before that court in the following terms:
“A orde…