(2004) JELR 45004 (CA)    

Court of Appeal  ·  CA/L/359/96 ·  10 May 2004 ·  Nigeria
Other Citations
U.B.A. Plc v. Odimayo (2005) 2 NWLR (Pt.909)21
U.B.A. Plc v. Odimayo (2005) 2 NWLR (Pt. 909) 21
PIUS OLAYIWOLAADEREMI Justice of The Court of Appeal of Nigeria MUSA DATTIJO MUHAMMAD Justice of The Court of Appeal of Nigeria CHRISTOPHER MITCHELL CHUKWUMA-ENEH Justice of The Court of Appeal of Nigeria
Core Terms Beta
writ of summons
jurisdiction of the court
statement of claim
leave of court
lower court
time of the issuance of the writ
exhibit a.a.a.i.
leave of the court
personal service
lagos state
30th october
civil procedure
daily times newspaper
exhibit t02
substituted service of the writ of summons
alternative means
appellant george etomi
basis of such knowledge
considered ruling dated 21st may
evidence of sufficient presence of the respondents
ex-parte order
following rules of this order
grounds of appeal
high court
ikeja division of the lagos state high court
jurisdiction of court
messrs george etomi
nigerian business persons
notice of motion
office address of the 1st respondent
ogundana street
only issue
provision of section
respondents counsel memorandum of appearance
said counsel
subject matter of appellant
suit no.
support of the application
territorial limits
t.o.1 sss
wrong exercise of judicial discretion

M. D. MUHAMMAD, J.C.A. (Delivering the Leading Judgment): The appellant herein took out a writ of summons at the Ikeja Division of the Lagos State High Court, seeking to enforce the judgment of the United States District Court of Southern New York in suit No. 93/CIV/3998 Wk dated 29th July, 1994, against the respondents then being defendants.

The writ of summons and statement were endorsed for service on the respondents at Grail land, Iju, Agege in Lagos State.

Unable to serve the respondents the processes, the appellant applied for and secured the lower court's order for substituted service by advertising the writ and statement of claim in the Daily Times Newspaper a daily in circulation within the court's jurisdiction. The affidavit in support of the application for the order to serve the writ of summons and statement of claim by substituted means averred to the fact that respondents could not be located either at their resident at Grail land or office at No. 8A Ogundana Street, Of…

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