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JOHNSON ODION ESEZOOBO v. MR. J.O.SHABA & ANOR

(2017) JELR 37813 (CA)

Court of Appeal  •  CA/L/1105A/2014  •  3 May 2017  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA; YARGATA BYENCHIT NIMPAR JCA; JAMILU YAMMAMA TUKUR JCA;

Judgement

YARGATA BYENCHIT NIMPAR, J.C.A. (Delivering the Leading Judgment): This appeal is against the ruling of the Lagos State High Court delivered on the 22nd of October, 2014 wherein the Court below set aside the service of the originating processes on the 1st Respondent on the ground that the processes were not served on the 1st Respondent personally as required by the Rules of the Court. The 1st Respondent by way of application or Notice of Objection dated 21st January 2014 contended that service of the originating processes were effected on a staff in the chambers of the 1st Respondent named Kelani Olalekan and being originating processes they should have been served on the 1st Respondent personally. The application was duly supported and parties adopted their respective written addresses at the hearing and after due consideration, the Court below granted the application and set aside the service of the processes on the 1st Respondent. Aggrieved by the said decision, the Appellant filed…

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