ABDU ABOKI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Summary Judgment/Ruling of the Kaduna State High Court delivered on the 11th July, 2008 by Luka D. Aba J.
The Respondent was the Plaintiff at the lower Court while the Appellant was the 2nd Defendant. The facts of the case leading to this appeal are as follows:
The Respondent commenced action against one Philemon Abu Akuki (Trading under the name S.O.J Ventures).
Instead of serving the said Philemon Abu Akuki (Trading under the name S.O.J Ventures) with the Court processes, same were served on Alhaji Suleiman Jaiyeola Moshood who was not a party. On the application of the said Alhaji Suleiman Jaiyeola Moshood by a motion on notice dated 14th March 2008, the service of processes on him was set aside by the trial Court on 11th April, 2008.
By a motion Ex-parte dated 17/04/2008, the Respondent as Plaintiff moved the trial Court to join the Appellant as a party and the application was granted on 25/04/2008…