ALHAJI NUHU MUHAMMED V. ALHAJI ADAMU AL-HASSAN AJINGI

HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the Kano State High Court in suit No K/759/2003 delivered by Honorable Justice B. S. Adamu on the 30th of June, 2004. The Respondent, as plaintiff, initiated steps to commence the said Suit No. K/759/2003 against the Appellant, as defendant, before the lower Court by a motion Ex-parte dated the 22nd day of September, 2003 praying for the following orders:

i. An order of this Honorable Court for leave to issue a Writ of Summons against the Defendant as "Undefended Suit" and mark the Writ of Summons as "Undefended Suit".

ii. An order of this Honorable Court placing this suit under the "Undefended list"

iii. An order of this Honorable Court for leave to serve the Defendant with the Writ of Summons and all other processes in this suit in Kaduna, Kaduna State outside the jurisdiction of this Honorable Court.

iv. And for such further order(s) as this Honorable Court may deem fit…