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(2012) JELR 49302 (CA)    

Court of Appeal  ·  CA/L/711/08 ·  5 Apr 2012 ·  Nigeria
Other Citations
RFG Ltd v. Skye Bank Plc (2013) 4 NWLR (Pt. 1344) 251
HELEN MORONKEJI OGUNWUMIJU Justice of The Court of Appeal of Nigeria IBRAHIM MOHAMMED MUSA SAULAWA Justice of The Court of Appeal of Nigeria SIDI DAUDA BAGE Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
trial court
learned trial judge
writ of summons
3rd defendants
notice of preliminary objection
appellants' counsel
improper service
preliminary objection
respondent's counsel
1st appellant
2nd appellant
parte application
personal service
fair hearing
jurisdiction of the court
consequential orders
supreme court
appellants' reply
high court of lagos state
proper procedure
rules of natural justice
1st day of august
6th day of november
application ex-parte
briefs of argument of the respective learned counsel
claimant's counsel
claimant's ex
counsel's oral application
court's file
exparte application
following orders
gravamen of the appellants argument
ground of improper service of the originating processes
interlocutory appeal
jurisdiction of the trial court
leave of the court
preliminary objection of the appellants
prescribed limits of the rules of court
proper parties
purported service of the originating processes
renewed writ
respondent claimant's applications
ruling of the court
substituted service
such circumstances

MORONKEJI OGUNWUMIJU, JCA (Delivering the Leading Judgment): This is an interlocutory appeal against the ruling of the Honourable Justice R. I. B Adebiyi sitting at the High Court of Lagos State, Lagos Judicial Division delivered on the 6th day of November, 2007. The facts that led to the appeal are as follows:

The Claimant, now the Respondent by a writ of summons dated 6th of December 2006 instituted an action against the 1st and 3rd Defendants, now Appellants and one other defendant at the trial court claiming the following reliefs.

1. The sum of ₦39,386,000.25 (Thirty Nine Million, Three Hundred and Eighty Six Thousand Naira and Twenty Five Kobo only) being the sum outstanding against the Defendants on a credit facility of ₦30,000,000 (Thirty Million Naira Only) extended to the Defendants by the Claimant on or about February 28, 2003

2. Interest on the said sum of ₦39,386,000.25 (Thirty Nine Million, Three Hundred and Eighty Six Thousand Naira and Twenty Five Kobo only) at the rate…

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