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BENNETH N. OKEKE & ORS v. LAWRENCE CHUKWU

(2002) JELR 33664 (CA)

Court of Appeal  •  CA/PH/198/98  •  14 Nov 2002  •  Nigeria

Coram
JAMES OGENYI OGEBE JCA; MICHAEL EYARUOMA AKPIROROH JCA; ABOYI JOHN IKONGBEH JCA;

Judgement

ABOYI JOHN IKONGBEH, J.C.A. (Delivering the Leading Judgment): On 12/09/97 the respondent herein, as plaintiff, applied to the Registrar of the Imo State High Court, sitting at Orlu for a writ of summons to issue against the appellants herein, as defendants. He did not accompany his application for the writ with a statement of claim but only with particulars of claim to be endorsed on the writ. By Order 25, rule 1 of the Imo State High Court (Civil Procedure) Rules, 1988 -

"1. Unless the court gives leave to the contrary, or a statement of claim is endorsed on the writ, the plaintiff shall serve a statement of claim on the defendant and shall do so either when the writ, or notice of the writ, is served on the defendant or at any time after service of the writ or notice but before the expiration of 30 days after the defendant enters an appearance.

Provided that in land cases, the plaintiff shall serve his statement of claim on the defendant not later than 60 days after the defendant …

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