<p><strong> OKORO JCA (Delivering the Lead Judgment): </strong> The substantive suit which has given birth to this appeal was commenced via an originating summons filed on 19 September 1996, at the Federal High Court, Lagos.</p><p>The appellant herein, as defendant, filed a motion on notice challenging the commencement of the suit through an originating summons. The learned trial judge refused the application and the appellant appealed against the aforesaid refusal. The Court of Appeal in Appeal No. CA/L54/98, delivered on 1 July 2002, set aside the decision of the trial court and ordered the Chief Judge of the Federal High Court to reassign the substantive suit to another judge for hearing on the strength of pleadings. In compliance with the aforesaid order, the suit was re-assigned to C. C. Okeke, J. for hearing <em> de novo </em> . When the matter came up for hearing before Okeke, J. on 26 November 2003, both parties were absent and unrepresented. The lowercourt then ordered that hearing notices be served on both par…</p>