(2018) JELR 39039 (CA)    

Court of Appeal  ·  CA/L/322/2011 ·  9 Mar 2018 ·  Nigeria
TIJJANI ABUBAKAR Justice of The Court of Appeal of Nigeria BIOBELE ABRAHAM GEORGEWILL Justice of The Court of Appeal of Nigeria UGOCHUKWU ANTHONY OGAKWU Justice of The Court of Appeal of Nigeria
Core Terms Beta
notice of appeal
leave of court
record of appeal
interlocutory decision
final decision
preliminary objection
criminal proceedings
grounds of appeal
service of the originating processes
civil procedure
leading judgment
exercise of discretion of the court
grant of leave
high court of lagos state
inter alia
interlocutory appeal
notice of preliminary objection
reply brief
ruling of the court
service of the originating process
substituted service
supreme court
affidavit of service
competence of the appeal
hearing of this appeal
right of appeal
use of the word
brief of argument
constitution of the federal republic of nigeria
prior notice
respective briefs
27th day of april
above legal effect
appeal incompetent
bailiff of court
brief statement of facts
defaulting party
final decisions
gist of the case of the appellants
law firm
learned trial judge
notice of any challenge
prescribed time
provisions of the constitution of nigeria
questions of law
ruling of the high court of lagos state
support of the appeal

BIOBELE ABRAHAM GEORGEWILL, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Ruling of the High Court of Lagos State, Coram: Y. A. Adesanya J., in Suit No: LD/684/2006: Prince Fredrick Iwenofu Obinabo V. Mrs. Winifred Okeke and Anor. Delivered on 14/11/2008, in which the application by the Appellants as Defendants filed on 25/6/2008 seeking to set aside the service of the originating processes on them was dismissed.

The Appellants were dissatisfied with the said ruling striking and had appealed to this Court vide their Notice of Appeal filed on 24/1/2009 on 4 grounds @ pages 209 - 212 of the Record of Appeal. The Record of Appeal was duly compiled and transmitted to this Court on 7/11/2016. The Appellants' brief was filed on 14/12/2016. At the hearing of this appeal on 13/2/2018, Carlos O. Mbaka Esq., learned counsel for. the Appellants adopted the Appellants' brief as his arguments in support of the appeal and urged the Court to allow the appeal. On his part, Pr…

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