(2002) JELR 44406 (CA)    

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

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