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7-UP BOTTLING COMPANY LIMITED & ORS v. TRIO COMMODITIES COMPANY LIMITED

(1994) JELR 45353 (CA)

Court of Appeal  •  CA/K/212/91  •  21 Jun 1994  •  Nigeria

Coram
MURITALA AREMU OKUNOLA JCA; MAHMUD MOHAMMED JCA; OKWUCHUKWU OPENE JCA;

Judgement

MURITALA AREMU OKUNOLA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Ruling of the High Court of Kwara State holden at Ilorin delivered on 20/7/89 in suit No. KWS/262/88 by Elelu Habeeb J.

The facts of this case briefly put were as follows: - The respondent here as plaintiff at the trial High Court sued the defendants the appellants herein by an application for Writ of Summons together with its Statement of Claim, Form 1 to the schedule the High Court (Civil Procedure) Rules, 1987 as contained on pages 1-4 of the records. The defendants/appellants filed a Motion for an order dismissing the plaintiff's/respondent's suit because it failed to disclose reasonable cause of action. The defendant/applicant further complained that the Writ of Summons which was for Service in Lagos State were not endorsed as required by the Sheriffs and Civil Process Act. The applicant further complained that no leave of court was obtained before the issuance and Service of the Writ …

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