(2007) JELR 44030 (CA)    

Court of Appeal  ·  CA/B/159/2001 ·  21 Jun 2007 ·  Nigeria
SAKA ADEYEMI IBIYEYE Justice of The Court of Appeal of Nigeria STANLEY SHENKO ALAGOA Justice of The Court of Appeal of Nigeria ALI ABUBAKAR BABANDI GUMEL Justice of The Court of Appeal of Nigeria
Core Terms Beta
writ of summons
learned counsel
4th appellants
suit no. hci
learned trial judge
civil process act
delta state
3rd appellant
case file
civil procedure
preliminary objection
record of proceedings
4th defendants
lower court
s.97 of the sheriff
3rd defendant
inter alia
outside jurisdiction
civil process act cap
leave of the court
jurisdiction of the trial court
rules of court
submissions of the learned counsel
bendel state
case of ezeobi v. abang
national assembly
notice of preliminary objection
2nd appellants
2nd respondent
4th plaintiffs
addresses of service
applicant 1st
copy of writ of summons
delta state high court of justice
head of the said uwajeh family
head of the uwajeh family
honourable court
learned trial judge of the lower court
onicha-ugbo native law
part of the lower court
plateau state
provisions of our rules of court
said writ of summons
saka adeyemi ibiyeye
strong view
such further order

SAKA ADEYEMI IBIYEYE, J.C.A.: (Delivering the Leading Judgment) This appeal is against the ruling of Narebo, J. of the Delta State High Court of Justice sitting at Issele-Uku in which he refused to sustain the preliminary objection raised by the 1st, 2nd and 4th plaintiffs filed on 27/3/2001 after the, Writ of Summons had been filed and two memorandums of appearance he have also been filed on the 8/3/2001 and 13/3/2001 by the 1st, 2nd and 4th defendants and 3rd defendant respectively.

It is pertinent to reproduce the notice of preliminary objection and the order sought as well as the particulars, which read:

"1. That the plaintiffs/respondents' Writ of Summons dated 25th day of January 2001 and filed on 30/1/2001 be dismissed or set aside.

2. And for such further Order(s) as this Honourable Court may deem fit to make in the circumstances.


(a) The Writ of Summons is fundamentally defective.

(b) The Order and the Writ of Summons do not comply with the provisions of our Rules…

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