HABEEB ADEWALE OLUMUYIWA ABIRU, JCA (DELIVERING THE LEADING JUDGMENT): This is an appeal against the judgment entered by the Kano State High Court in Suit No K/538/2010 in the Ruling delivered by Honorable Justice Wada Omar Rano on the 7th of February, 2011. The Respondent, as plaintiff, initiated steps to commence the said Suit No K/538/2010 against the Appellant, as defendant, before the lower court by a motion ex-parte dated the 2nd day of November, 2010 praying for the following orders:
i. An order granting leave to issue, mark and place this suit for hearing on the Undefended List.
ii. An order granting leave to serve the Defendant with the Writ of Summons and other court process at Unity Bank Towers, Plot 785 Herbert Macaulay Way Abuja outsider the jurisdiction of this Court.
iii. For such further order or orders.
The motion ex-parte was heard by the Lower Court on the 4th of November 2010 and it was ordered as follows:
i. Leave is granted to the Plaintiff to issue, mark and pl…