DAVANDY FINANCE AND SECURITIES LIMITED & ORS V. ELDER EMMANUEL MBA AKI & ORS

JOSEPH E. EKANEM, J.C.A. (Delivering The Leading Judgment): This appeal is against the ruling of the High Court of the Federal Capital Territory, Abuja Judicial Division ("the trial court" for short) delivered on 21/3/2013 in suit No.CV/574/12. In the ruling, the trial court dismissed the preliminary objection raised by the appellants (qua defendants) challenging the competence of the suit and the jurisdiction of the trial court.

The suit was commenced as an undefended list matter by means of a writ of summons issued on 31/10/2012 by the hand of the registrar of the trial court. It is supported by an affidavit with exhibits attached thereto. The writ was meant for service on the appellants (qua defendants) at various addresses in Calabar, Cross River State, outside the jurisdiction of the trial court. On 8/11/2012, after the issuance of the writ, by a motion exparte, the respondents applied for,

"An order granting leave to the plaintiffs/applicants to issue and serve the writ of summ…