NWALI SYLVESTER NGWUTA Justice of The Court of Appeal of Nigeria
CHINWE E. IYIZOBA Justice of The Court of Appeal of Nigeria
MOORE A. A. ADUMEIN Justice of The Court of Appeal of Nigeria
Core Terms Beta
respondent
appellant
summons
originating summons
counsel
defendant
issues
lower court
mr. fabunmi
trial court
counter affidavit
mr. olatunji
jurisdiction of the court
notice of preliminary objection
grounds of appeal
notice of appeal
real question
support of the originating summons
issue suo motu
due respect
leave of the court
osun state
brief of argument
conditional memorandum of appearance
defendant right
learned trial judge
questions of fact
such circumstances
writ of summons
addresses of counsel
appropriate time
clear distinction
competence of the grounds of appeal
competence of the originating summons
contention of mr. fabunmi
decision of the federal high court
enough issues
interlocutory appeal
law file
obafemi awolowo university ile-ife
o. olatunji esq
party raises
plaintiffs case
reply of mr. fabunmi
rules of procedure
rules of the court
sworn affidavit
termination of the cleaning contract
trial judge
vice chancellor
CHINWE IYIZOBA, J.C.A. (Delivering the Leading Judgment): This is an interlocutory appeal against the decision of the Federal High Court sitting at Oshogbo, Osun State. The appellant is a registered company based in Ile-Ife, Osun State while the respondent is the Obafemi Awolowo University Ile-Ife.
The appellant provides cleaning services and had a contract with the respondent for the purposes of cleaning a certain place in the University. A disagreement arose between the parties leading to the termination of the cleaning contract by the respondent. Aggrieved by what he considered was unlawful termination of the contract, the appellant sued the respondent by originating summons. The respondent did not file a counter affidavit but filed a conditional memorandum of appearance out of time and a notice of preliminary objection challenging the competence of the originating summons. The respondent did not obtain the leave of the court to file the memorandum of appearance out of time. In spi…
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