MARGARET NZOM & ANOR. V. S.O.JINADU

OPUTA, JSC (DELIVERING THE LEADING JUDGMENT): The plaintiff, S. O. Jinadu sued one Patrick Nzom (for himself and on behalf of the family of J. C. Nzom deceased). The writ of summons is at page 5 of the record of proceedings and was dated 14th February, 1973. The treasury receipt C.R.897461 for filing was dated 10/2/73. It is therefore permissible to assume that the writ was filed on 10/2/73. The plaintiff filed his statement of claim on the 30/6/73. The writ and the statement of claim could not be served on Patrick Nzom who, it was alleged, died sometime in 1949. This fact was however unknown to the plaintiff until long after filing the writ. On the 26th day of March, 1973, Kazeem, J. (as he then was) granted the plaintiff leave to serve the writ and other processes by substituted means, namely by publication in the Daily Times Newspaper. This was done on the 11th February, 1975.

Then followed an unending litany of affidavits, motions, objections etc,. The fact is that this case filed …