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THE INCORPORATED TRUSTEES OF DIOCESE OF BADAGRY ANGLICAN COMMUNION V. ADVANCED ENGINEERING CONSULTANTS & ORS

(2017) JELR 38239 (CA)

Court of Appeal  •  CA/L/817/2014  •  17 Feb 2017  •  Nigeria

Coram
JOSEPH SHAGBAOR IKYEGH JCA; UGOCHUKWU ANTHONY OGAKWU JCA; JAMILU YAMMAMA TUKUR JCA;

Judgement

JOSEPH SHAGBAOR IKYEGH, J.C.A. (Delivering the Leading Judgment): The appeal is from the decision of the High Court of Lagos State Badagry Division (the Court below) dismissing the appellant's case to set aside its judgment given on the 18th day of February, 2014.

Briefly, the 1st respondent issued an originating summons against unknown persons dated and filed on the 29th day of July, 2013, seeking for an order to recover possession of all that property consisting the parcel of land measuring an area of 10.004 hectares (25 acres) with the development thereon consisting of structure and buildings situate, lying and being at Oke-Mayingbo, Aaromi Ale Village, Badagry Local Government Area of Lagos State, on the ground that it is entitled to possession and that the persons in occupation thereof are there without license.

The 1st respondent purportedly served the originating summons by means of substituted service on unknown persons, and the sheriff of the Court below assigned to serve the p…

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