<p><strong>OLUKAYODE ARIWOOLA, JSC (Delivering the Leading Judgment): </strong>This is an appeal against the decision of the Court of Appeal, Abuja Division, herein after called, Court below, delivered on May 2nd, 2003. The appellant was the plaintiff while the respondent was the defendant before the trial court. The court below had allowed the respondent&#x27;s appeal against the decision of the trial court. The facts of the case that led to this appeal are as follows:</p><p> The appellant had commenced an action before the High Court of the Federal Capital Territory, holden at Abuja with a motion exparte by which he sought the following reliefs:</p><p> &quot;1. Granting plaintiff/applicant leave to issue the Writ of Summons in this suit for service out of the jurisdiction of this court, to wit: for service on the defendant at 202, Gangare, Jos, Plateau State of Nigeria, and a further order that the Writ shall have endorsed thereon:</p><p> &quot;THIS SUMMONS IS TO BE SERVED OUT OF THE FEDERAL CAPITAL TERRITORY, ABUJA AND IN PLATEAU STATE.…</p>