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ADAMU JAURO, J.S.C. (Delivering the Lead Judgment): This is an appeal against the judgment of the Court of Appeal, Benin Division, which dismissed the Appellants' appeal and affirmed the decision of the trial High Court of Justice of Edo State, which had earlier overruled the Appellants' No Case Submission.Ā
BRIEF FACTS
The 1st Respondent as Plaintiff before the High Court of Justice of Edo State took out a Writ of Summons initially against the Appellants only. The Writ of Summons was presented to the Registrar of the trial Court and paid for on 17th February, 2003. Alongside the Writ of Summons, the 1st Respondent also presented to the Registrar, a motion ex parte praying for leave to issue and save the Writ out of the jurisdiction of the Court and a Statement of Claim. Pursuant to the motion ex parte, the trial Court on 20th March, 2003, granted leave to send the Writ of Summons in Lagos State, a place out of the jurisdiction of the Court, as prayed for by the 1st Respondent. In the cā¦