SUBERU & ANOR
V.
AFRICAN CONTINENTAL BANK & ORS
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…