CITYSCAPE INTERNATIONAL DEVELOPMENT PLC V. VICTOR C. GWAM

ABIMBOLA OSARUGUE OBASEKI-ADEJUMO, J.C.A. (Delivering the Leading Judgment): The appeal is against the decision of the Lagos State High Court delivered by OLOKOBA, J., on 18th September, 2012 in favour of the Claimant/Respondent in the following relief:

"The sum of N10,600,000.00 being the sum outstanding on his fees and interest on the sum at the rate of 21% per annum from the 21st of May 2008 until judgment is entered and 10% thereafter until the sum owed is liquidated."

The Appellant/Defendant after summary judgment was entered against him contended the judgment on the grounds that he was not served the originating processes but only became aware through the hearing notice served on one of its officers. He then filed an application to set aside the summary judgment on the ground of lack of service and a further and better affidavit together with the statement of defense.

The lower Court refused this application and held that there was proper service, hence the appeal.

The Appellant's N…