OLAM NIGERIA PLC. V. ALHAJI MOSHOOD ORIBOLAWALE

OMAGE, JCA (Delivering the Lead Judgment): In this application originally filed in this court on 1/11/2002, and severally adjourned from 2/4/03 to 7/5/03, for an earlier hearing of the motion, the parties were directed to file skeletal briefs of their prayers upon, which reason the parties have submitted their said skeletal briefs. In his brief, the appellant having given particulars of the antecedents of his application formulated the following issues for consideration of the prayers; Whether the hearing and grant of the respondent’s application dated 20th December 2001 praying for the striking out of the applicant’s appeal was vitiated by lack of personal service of same on the applicant or its counsel. Whether having regard to the facts of this suit, it would be proper to re-list, the applicant’s appeal for hearing on its merits and to permit the applicant to file its brief of argument in support of prayer 2 and 3 of the motion. Whether having regard to the facts before this Hono…