TARAKU MILLS LTD & ANOR
V.
SANT ENGINEERING LTD & ANOR

(2008) JELR 49466 (CA)    
Court of Appeal  ·  CA/L/281M/2006 ·  23 Jun 2008 ·  Nigeria
CORAM
M. B. DONGBAN-MENSEM +JP Justice of The Court of Appeal of Nigeria PAUL ADAMU GALINJE Justice of The Court of Appeal of Nigeria ADAMU JAURO Justice of The Court of Appeal of Nigeria
Core Terms Beta
application
applicants
extension of time
notice
senior counsel
notice of appeal
lower court
paragraphs
respondents
tokunbo eniola williams
writ of summons
exceptional circumstances
issue
judgment of the trial court
reply
benue state
brief of argument
chief f. r. a. williams
chief litigation officer
chief rotimi williams chambers
counter affidavit
following paragraphs of the supporting affidavit
general rule
high court of lagos state
jurisdiction of lagos state high court
lagos state high court
leading ruling
medical treatment
monica bolna
mr. gabriel oduafi
name of such informant
notice of 23rd january
paragraphs affidavit
paragraphs e-b
paragraphs of the affidavit
paul adamu galinje
point of law
present case
record of the appeal
respect of waiver
sant engineering limited
such information
taraku benue state
t. e. williams

PAUL ADAMU GALINJE, J.C.A. (Delivering the Leading Ruling): The Applicants herein are Plaintiffs in Suit No. LD/1719/2004 pending before the High Court of Lagos State. In that suit they claimed against the Respondents the following reliefs: -

"1. The sum or ?844, 191.00 (Eight Hundred and forty'9197four thousand, one hundred and ninety one rounds sterling) from the Defendants Jointly and severally.

2. Interest on this sum of ?844, 191.00 at the rate of 21% per annum from November, 2002 until final liquidation of the same."

However, by a motion on notice dated and filed on the 18th October 2004 at the lower Court, the Defendants before that Court sought for an order setting aside the writ of summons dated 5th October 2004, which was issued against them by the Applicants herein, The grounds upon which that application was filed are set out at page 169 of the record of the appeal as follows: -

"(a) That the defendants reside and carry on business in Taraku Benue State which is out of the…

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