AUGIE JCA (Delivering the Lead Judgment): The appellant is resident in England, and by a motion ex parte dated13 March2008, the 1st respondent applied to the High Court of Lagos State for the following:
An order seeking the leave of this honourable court to serve the writ marked concurrent and all other processes tiled in this suit on the 2nd - 5th defendants.
An order directing such service to be effected by means of a reputable courier service.
An order settling a time certain of 42 (forty-two days) days from the service of the writ as the time limit within which the 3rd-5th defendants should enter an appearance to this suit.
The application granted on 14 March 2008 was brought pursuant to Order 8, rule 1(f), (g) and (h) of the Lagos State High Court (Civil Procedure)Rules, which provides:
“A judge may allow any originating processes to be served outside Nigeria where:
The claim is founded on a tort committed within jurisdiction,or An injunction is sought as to anythingto be done with…