TSAMMANI JCA (Delivering the Lead Judgment): This is an interlocutory appeal against the ruling of the High Court of Oyo State delivered by O. A. Boade J. in suit No. I/409/2007, on 22 June 2010. The 1st and 2nd respondents who were plaintiffs at the court below, had taken out a writ of summons against the appellantand the 3rd, 4th and 5th respondents, seeking for certain injunctive reliefs and for damages.
The said defendants were alleged to have been engaged in several acts which the plaintiffs in that case, considered as injuries to the public health of Oyo State. By those acts, the plaintiffs (1st and 2nd respondents), believed the defendants should be held liable. By an ex parte motion dated and filed 25 May 2007, the plaintiffs sought for the following reliefs:
An order seeking leave of this honourable court to serve outside the jurisdiction of this court, the originating and other processes filed in this suit on the 1st - 6th defendants. An order directing that such service sho…