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SYLVANUS EMEKA MADUBUIKE & ORS. V. ROMANUS ELOCHUKWU MADUBUIKE & ORS

(2000) JELR 43984 (CA)

Court of Appeal  •  CA/E/40/98  •  2 May 2000  •  Nigeria

Coram
EUGENE CHUKWUEMEKA UBAEZONU JCA; SULE AREMU OLAGUNJU JCA; MUSA DATIIJO MUHAMMAD JCA;

Judgement

MUHAMMAD, J.C.A. (Delivering the Leading Judgment): The only issue for determination in this appeal is as follows:-

"Whether upon a proper and adequate evaluation of the oral, affidavit and documentary evidence before the court, the learned trial Judge was right in his decision refusing to set-aside his order of substituted service of the writ of summons and other processes in this suit and the substituted service of the said processes on the defendants/appellants".

The respondents before us were the plaintiffs at the lower court. The appellants were the defendants. The reliefs claimed by the respondents against the appellants are contained in paragraph 12 of the former statement of claim. This is contained at p.1-3 of the print record. By an ex-parte application, the respondents on 3rd November, 1994 obtained an order from the court to serve the appellants the writ of summons and other processes in the suit by substituted means. The said processes were to be pasted on the entrance do…

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