SUBERU & ANOR
V.
AFRICAN CONTINENTAL BANK & ORS

(2002) JELR 44406 (CA)

Court of Appeal · CA/I/65/2001 · 8 May 2002 · Nigeria

CORAM

SUNDAY AKINOLA AKINTAN Justice of The Court of Appeal of Nigeria DALHATU ADAMU Justice of The Court of Appeal of Nigeria OLUFUNLOLA OYELOLA ADEKEYE Justice of The Court of Appeal of Nigeria

Core Terms ^Beta

concurrent writs

jurisdiction of the trial court

concurrent writ

new suit

present case

writ of summons

original writ

trial court

issues

earlier ruling

respondent

high court

2nd defendants

concurrent writs of summons

jurisdiction of the court

learned judge

oluborode j

outside jurisdiction

present appeal

v. talabi

3rd defendant

above submissions

aderemi j.

circumstances of the present case

notice of preliminary objection

oyo state

rules of this court

said appellant

said writs

set aside

1st appellants

brief of arguments

civil procedure rules

considered ruling

decision of the high court of justice

different number

following words

formal application

interlocutory appeal

interpretation of the ruling of oluborode j. invalidation

learned judge of the high court

learned judge of the trial court

registrar of the trial court

ruling of adeniran j

rulings of the learned trial judge

see mcjoy v. u.a.c. ltd.

see mobil oil v. coker

suit number of the existing writ

v. ajaiya

DALHATU ADAMU, J.C.A. (Delivering the Leading Judgment): This is an interlocutory appeal against the decision of the High Court of Justice, Ibadan refusing to grant Leave to issue a Concurrent Writ for Service outside Jurisdiction. The Plaintiff/Appellant applied for a writ of summons against the 3rd Defendant/Respondent for service within jurisdiction and two Concurrent writs of summons against the 1st and 2nd Defendants/Respondents for service outside the jurisdiction of the Court.

The original writ against the 3rd Defendant/Respondent was issued on 4/4/89 and served on him. The bailiffs however mistakenly also proceeded to serve the 1st and 2nd Defendants/Respondents before leave to issue and serve the concurrent writs outside jurisdiction was obtained. For ease of reference, the Plaintiff/Appellants will hereinafter be referred to simply as Appellants while the Defendants/Respondents will also be simply referred to as Respondents in this judgment. All the three Respondents entered…

SUBERU & ANOR V. AFRICAN CONTINENTAL BANK & ORS

SUBERU & ANOR
V.
AFRICAN CONTINENTAL BANK & ORS