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DREXEL ENERGY AND NATURAL RESOURCES LTD MR. ADETUNJI A. SOFESO MR. KOLAWOLE SOFESO V. TRANS INTERNATIONAL BANK LTD MESSIAH INVESTM ENT COMPANY LTD MOBIL OIL PLC

(2008) JELR 55128 (SC)

Supreme Court  •  SC. 214/2002  •  12 Dec 2008  •  Nigeria

Coram
DAHIRU MUSDAPHER JSC (Presided) GEORGE ADESOLA OGUNTADE JSC IKECHI FRANCIS OGBUAGU JSC PIUS OLAYIWOLA ADEREMI JSC

Judgement

MUNTAKA-COOMASSIE JSC (Delivering the Lead Judgment):

The respondents who were the plaintiffs in the trial court claimed in their joint writ of summons dated 21 March 1998 and filed at the High Court of Justice, Ibadan, Oyo State the sum of N20,058,304.00 (twenty million and fifty-eight thousand, three hundred and four naira) as debt owed them by the appellants, who were the defendants at the trial court. The addresses of the service as supplied/endorsed in the said writ of summons are stated as follows: ā€œ1st to 3rd defendants, 9A, Raymond Njoku Road, Ikoyi, Lagos. 4th defendant Lekki Express way, Victoria Island, Lagos.ā€ This writ of summons was filed and issued without the leave of the trial court. The same writ was served on the appellants by means ofsubstituted service by publishing same in the Guardian Newspapers. On becoming aware of the suit, the appellants filed a motion on notice dated 19 April 1999 in which the trial court was prayed for the following reliefs: ā€œ(i) An order dā€¦

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