MR. MUYIWA ODEJAYI & ANOR V. HENLEY INDUSTRIES LIMITED

CHINWE EUGENIA IYIZOBA, JCA(Delivering the Leading Judgment): The Respondent/cross-appellant (as claimant) took out a writ of summons at the High court of Lagos State against the Appellants/Cross-Respondents (as defendants). The claim as endorsed in the writ and statement of claim was for declarations and mandatory injunction restraining the defendants from selling or taking over for purposes of sale the claimant's assets situate at its factory premises until there is a court order to do so. Pleadings were duly filed and exchanged. The matter was set down for pre-trial conference during which several applications were made by the parties. Subsequently, after four years of being in court, the defendants, by motion on notice dated 11th day of June 2010 raised an objection to the jurisdiction of the Court on the ground that the writ of summons dated 2/2/06 signed by ISAAC M. BORO and CO is incompetent and incurably defective. The claimant in vehement opposition to the motion filed a writ…