CHRIS EKE MIKE LTD V. CHRISTOPHER EKE UWAKA & ORS

BY COURT: JUDGMENT (FINAL)

1. This Court has heard the motion, there are two affidavits in support. The affidavit in support and a supplementary affidavit. There Exhibit ‘A’ a search Report which showed that 1st Defendant has been served with the Writ of Summons on 25th September, 2019 but has failed to file a Notice of Appearance as required by the rules of Court. The proof of service which has been annexed as Exhibit ‘B’ to the supplementary affidavit showed that 1st Defendant has been duly served as alleged. Exhibit ‘B’ is an order of substituted service granted by this Court on 20th September, 2019 with a period of seven (7) days of posting which has long lapsed.

This evidence [exhibit B] is not only prima facie evidence that 1st Defendant has been duly served, but this taken together with the deposition in support I hold conclusively that 1st Defendant has been duly served.

The 1st Defendant has failed or neglected to file a notice of appearance within 8 days as required …