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

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…