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DREXEL ENERGY AND NATURAL RESOURCES LTD. & ORS. V. TRANS INTERNATIONAL BANK LTD & ORS.

(2008) JELR 47152 (SC)

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

Coram
DAHIRU MUSDAPHER JSC; GEORGE ADESOLA OGUNTADE JSC; IKECHI FRANCIS OGBUAGU JSC; PIUS OLAYIWOLA ADEREMI JSC; MOHAMMAD SAIFULLAH MUNTAKA- COOMASSIE JSC;

Judgement

M.S.MUNTAKA-COOMASSIE, J.S.C (Delivering the Leading Judgment): The respondents who were the plaintiffs in the trial court claimed in their joint Writ of Summons dated 21/3/98 and filed at the High Court of Justice, Ibadan, Oyo State, the sum of N20,058,304 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:

"1st to 3rd defendants, 9A, Raymond Njoku Road, Ikoyi, Lagos. 4th defendant, Lekki Express way, Victoria Island, Lagos."

This Writ of Summons was filed and issued without the leave of the trial High Court. The same writ was served on the appellants by means of substituted service by publishing same in the Guardian Newspapers. On becoming aware of the suit, the appellants filed a Motion on Notice dated 19/4/99, in which the trial High Court was prayed for the following reliefs:

"(i) An Order dismissing and/or stricking out this action for want of jurisdiā€¦

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