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REUBEN OKOLO & ANOR v. CHIEF AUGUSTINE OKOYE

(2014) JELR 36602 (CA)

Court of Appeal  •  CA/E/381/2009  •  22 Apr 2014  •  Nigeria

Coram
ADZIRA GANA MSHELIA JCA; IGNATIUS IGWE AGUBE JCA; EMMANUEL AKOMAYE AGIM JCA;

Judgement

EMMANUEL AKOMAYE AGIM, J.C.A. (Delivering the Leading Judgment): On the 12th of November 2008, the respondent herein, as plaintiff commenced suit No. A/285?08 in the High Court of Anambra State against the appellants herein as defendants by filing a writ of summons accompanied by a statement of claim, list of witnesses, witnesses statements on oath, list of documents to be relied on and copies of the said documents.

By a motion on notice dated 18-5-2009 and filed on 19-5-2009, the appellants applied for -

(a) An Order setting aside the service of originating court processes upon a person other than the 1st and 2nd defendants/applicants on record by the process server who purportedly effected the service without any pointer as required by law on the l3th day of March 2009 at Etiti village, Enugwu-Agidi.

(b) An Order setting aside/varying a previous order of this Honourable Court made on the 4th day of May, 2009 for "A PRE-TRIAL CONFERENCE" to be conducted in this suit on the 01/06/09, …

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