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MRS. COMFORT AKINMOSIN v. MRS. AJOKE MAKINDE & MRS. LAKUNLE

(2012) JELR 49310 (CA)

Court of Appeal  •  CA/B/12/2010  •  3 Dec 2012  •  Nigeria

Coram
KUDIRAT MOTONMORI OLATOKUNBO KERE-EKUN JCA CHIMA CENTUS NWEZE JCA CHINWE EUGENIA IYIZOBA JCA

Judgement

CHIMA CENTUS NWEZE, J.C.A. (Delivering the Leading Judgment): By their application dated January 23, 2006, the plaintiffs (the respondents in this appeal) entreated the High Court of Ondo State, Okitipupa Division, with a supplication for an order for the issuance and service of the writ of summons on the defendant (now appellant) in an address outside its jurisdiction. That address was given as No. 66 Adeoye Street, Bariga, Lagos. On January 31, 2006, the said court (hereinafter referred to as the lower court), granted the order as prayed.

It would appear that attempts to effect service on the defendant proved abortive, hence, the plaintiffs (respondents herein) moved the lower court for leave to serve the defendant (appellant) by substituted means. On May 16, 2006, the lower court granted the said application. The plaintiffs/respondents' account was that the bailiffs of the lower court and of the Lagos High Court, duly, posted the said processes at the entrance of the appellant's ho…

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