UNITED BANK FOR AFRICA PLC
V.
MOHAMMED

(2011) JELR 51057 (CA)    

Court of Appeal  ·  CA/IL/19/2009 ·  26 Jan 2011 ·  Nigeria
CORAM
TIJJANI ABDULLAHI JCA (Presided) SOTONYE DENTON-WEST JCA (Read the Lead Judgment) IGNATIUS IGWE AGUBE JCA
Core Terms Beta
appellant
rule
lower court
civil procedure
respondents
kwara state high court
civil process act
issues
1st respondent
learned trial judge
juristic person
fair hearing
high court
jurisdiction of the lower court
2nd respondent
allied matters act
appellant’s counsel
issuance of the writ of summons
leave of the lower court
combined effect of the provisions of section
court of law
instant suit
respondents’ counsel
service of same outside jurisdiction
writ of summons invalid
appellant’s issues
brief of arguments
circumstances of this case
claimant’s case
decision of the lower court
entire action
following issues
interlocutory application
issues of fact
jurisdiction of the court andthus
lagos state
lower court’s ruling
maintainable whenthe name of the 2nd respondent
processes of the trial court
provision of relevant laws
respondents failure
respondents’ issues
separate issues
service of a writ of summons
service of summons
such decision
thrust of this appeal
whole proceedings

DENTON-WEST JCA (Delivering the Lead Judgment): The thrust of this appeal is focused, inter-alia, on service of a writ of summons outside jurisdiction of the court andthus this appeal against the rulingof Honourable Justice J. F. Gbadeyan on an interlocutory application delivered on 26 December 2008, wherein the lower court dismissed the application of theappellant challenging the issuance as well as service of summons out of jurisdiction. Being dissatisfied with the lower court’s ruling, the appellant filed a notice of appeal containingfive grounds of appeal. The appellant distilled three issues for determination and the respondents too distilled three issues for determination. On 23 November 2010, the appellant’s counsel, Adedayo Adediji adopted his brief of arguments dated 17April 2009, and filed 20 April 2009; he prayed this court to allow the appeal.

The respondents’ counsel, M. H. Adeniyi adopted his brief of argument, dated 4 November 2009, and filed same date, he prayed thi…

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