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ALHAJA MOBOLANLE AYISAT ADEBIYI & ABDULQUADRI OLAWALE ADEBIYI (Substituted By Order Of Court Dated 22/01/2020) V. MRS. AUGUSTINA OSHAM LEWIS (Substituted By Order Of Court Dated 22/01/2020)

(2021) JELR 109414 (CA)

Court of Appeal  •  CA/IB/M.240/2017(R)  •  3 Dec 2021  •  Nigeria

Ugochukwu Anthony Ogakwu, JCA Abba Bello Mohammed, JCA Abdul-Azeez Waziri, JCA


UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering the Lead Ruling): In order to conduce to the utmost pellucidity, it is imperative to proceed from the provenance of the application subject of this Ruling as can be garnered from the processes filed by the parties in this matter. The precursor of the Applicants herein, Alhaji Lukman Adebiyi, had sued the precursor of the Respondent, Alfred Akinwande Lewis, before the High Court of Ogun State in SUIT NO. HCT/113/2005. Judgment was entered in favour of the Applicants in the said action on 19th January 2007. Thereafter on 27th April 2012, the Respondent applied for the said judgment to be set aside on the grounds that he was not served with the originating processes in the said action and so he was not aware of the proceedings which culminated in the judgment entered against him on 19th January 2007. The application was contested, with the Applicants asserting that the originating processes were served on the Respondent and that the Respondent…

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