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BANK OF INDUSTRY LIMITED & ORS v. PRINCE MICHEAL ADEWALE - ADEDIRAN & ANOR

(2014) JELR 36470 (CA)

Court of Appeal  •  CA/AK/130/2012  •  7 Aug 2014  •  Nigeria

Coram
SOTONYE DENTON-WEST JCA; MOHAMMED A. DANJUMA JCA; JAMES SHEHU ABIRIYI JCA;

Judgement

MOHAMMED AMBI-USI DANJUMA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of Honourable Justice Babs-Kuewunmi J. of the Federal High Court of Nigeria, Oshogbo Judicial division, delivered on 12th July 2012 wherein the learned judge struck out the Originating Summons taken out by the Appellant on the ground that same was not properly served on the Respondents. For the purpose of clarity, the portion of the Judgment of the court appealed against as contained on page 25 of the Record of Appeal is reproduced verbatim as follows:-

"This suit is properly commended (sic) under the Originating Summons procedure. This leg of objection fails and I so hold.

On ground 4, I have taken a careful look at the record of service in this case. It shows that the originating processes in this suit i.e. the Originating Summons were served on one T.O. Abiola (Accountant) at Adediran Steel and Wire Industry, Ilesha on 17/2/2007 by the bailiff of this court.

He obviously receā€¦

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