OGUNTADE, JCA (Delivering the Lead Ruling): The plaintiff/respondent in this appeal had claimed some reliefs against three defendants at the Lagos High Court. The appellant, Mr. Bola Tinubu, was the 3rd defendant. As against the 1st defendant/respondent, the claim was for N2.5m, being the principal amount on an overdraft facility granted to it; and as against the 2nd defendant/respondent and the appellant the same amount upon a contract of guarantee. On 27/1/94, the appellant brought an application before the lower court that the service of the writ of summons and statement of claim upon him through the Daily Times of Thursday, 20th January, 1994 be set aside. It was also the prayer of the appellant in the said application that the writ of summons and statement of claim be struck out. On 17/6/94, Hunponu- Wusu J., in a ruling delivered on the application struck it out. Dissatisfied, the 3rd defendant before the lower court appealed against the ruling.
The appeal is still pending befo…