ONONYE & ORS
V.
CHUKWUMA

(2005) JELR 45250 (CA)    

Court of Appeal  ·  CA/B/53/2000 ·  23 Mar 2005 ·  Nigeria
 · 
Other Citations
Ononye v. Chukwuma [2005] 17 NWLR (pt.953) Pg. 90
CORAM
RABID DANLAMI MUHAMMAD Justice of The Court of Appeal of Nigeria AMINA ADAMU AUGIE Justice of The Court of Appeal of Nigeria UWANI MUSA ABBA-AJI Justice of The Court of Appeal of Nigeria
Core Terms Beta
appellant
writ of summons
appeal
benin city
learned trial judge
rule
1st defendant
respondent
lower court
high court rules
grounds of appeal
process
personal service
access road
civil procedure
mixed law
court processes
said writ
above application
delta state
essence of service
ex-parte motion
grounds of facts
jurisdiction of this court
main issue
order of interim injunction
proof of service
said publication
service of the appellant
service of the writ
support of the motion
disobedience of the court
father chief f. ononye
following case
following issues
following orders
grounds of this application
issue of the writ of summons
notice of appeal
orders of this court
place of abode of the 1st defendant
question inspite of order of court
registry of the high court of justice
see order
serve notice of proceedings
service of all court processes
service of any kind
set aside

AUGIE, J.C.A. (Delivering the Leading Judgment): This appeal originates from a writ of summons issued at the Registry of the High Court of Justice, Asaba, Delta State on the 28th of April, 1999. The respondent as plaintiff sued the appellant and other defendants for several declarations and an injunction. The address for service of the appellant was stated as follows:-

"The first defendant

Mr. Nelson Ononye

C/o Mr. Fideline O. Ononye

No. 40, Jaffet Street,

Cable Point, Asaba."

On the same day, the 28th of April, 1999, the respondent filed an ex-parte motion praying the lower court for an order of interim injunction, to restrain the "defendants - from creating and using an access road behind the Saint Joseph's Catholic Church Premises, Asaba", and "from further trespass". Attached to the affidavit in support of the motion as exhibit A, was a letter the appellant wrote to the respondent, wherein his address is stated as follows -

"Mr. Nelson D. Ononye

C/o Gamla Nigeria Ltd.,

Plot A39 …

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