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…