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…