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ALHAJI ABDULKARDIR ABACHA v. KURASTIC NIGERIA LIMITED

(2014) JELR 42201 (CA)

Court of Appeal  •  CA/A/406/2010  •  27 Mar 2014  •  Nigeria

Coram
AMIRU SANUSI JCA; ABUBAKAR DATTI YAHAYA JCA; JOSEPH TINE TUR JCA;

Judgement

JOSEPH TINE TUR, J.C.A. (Delivering the Leading Judgment): On the 23rd day of December, 2005, Kurastic Nigeria Ltd. brought an exparte application before the High Court of the Federal Capital Territory, Abuja praying for leave to place a writ of summons under the Undefended List Procedure pursuant to Order 21 rule 1 and Order 11 rule 5(1)(d) of the High Court of the Capital Territory, Abuja (Civil Procedure) Rules, 2004 and the inherent jurisdiction of the Court. The second prayer was for leave to serve Alhaji Abdulkardir Abacha the originating processes and orders that may be subsequently issued by the Court by substituted means, namely, "By delivery of same to an adult inmate at the residence of the Defendant/Respondent at No. 189 Off, R. B. Dikko Road, Asokoro, Abuja, the venue where the transaction which gave rise to this suit was entered into." The application was supported by a thirteen paragraph affidavit deposed to by Senator Kura Mohammed, a Director of the applicant company/…

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