CHINA GEO-ENGINEERING CORPORATION NIG. LTD V. ALHAJI MUSTAPHA ISA

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.C.A.:(Delivering Leading Judgment) The respondent in this appeal as plaintiff before the Katsina State High court instituted an action against the appellant as defendant vide a specially indorsed writ issued on 23/5/05. The plaintiff filed an ex-parte application dated 21/6/05 for leave to serve all the processes in the suit on the defendant in Kaduna State, outside the jurisdiction of the court by substituted means. When it came up for hearing the learned trial Judge noted some deficiencies in the supporting affidavit and ordered that it be re-sworn. The plaintiff however filed a fresh application dated 6/7/05 seeking leave to serve the defendant with all the processes outside the jurisdiction of the Court in Kaduna State. The motion dated 21/6/05 was struck out while the motion dated 6/7/05 was granted on 3/8/05. Upon being served with the writ of summons the defendant entered appearance on protest and filed a motion on notice dated 30/8/0…