YARGATA BYENCHIT NIMPAR, JCA(Delivering the Leading Judgment): This Appeal is against the Ruling of the Federal Capital Territory, High Court, delivered on the 9th March, 2017 by Hon. Justice Abubakar Talba (as he then was) in Suit No: FCT/HC/CV/1306/2015 wherein the Court below dismissed the application made by the Appellant. Dissatisfied with the decision, the Appellant filed an Amended Notice of Appeal on the 17/7/2018 setting out 6 grounds of Appeal.
Facts relevant to this Appeal are amenable to brief summary. The Appellant was the 3rd Defendant in the suit initiated by the 1st Respondent at the Court below and the 1st Respondent made an application to serve the Appellant with initiating processes outside the FCT and in Kano Sate. The application was heard and granted; consequently, service was purportedly effected on the Appellant in Kano. However, the Appellant alleged that it only got to know of the pendency of the suit through the 2nd and 3rd Respondents. The Appellant alleged …