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PROF. DUPE OLATUNBOSUN v. MR. ANTHONY ANNENIH

(2008) JELR 37233 (CA)

Court of Appeal  •  CA/B/300/99  •  17 Jul 2008  •  Nigeria

Coram
SAKA ADEYEMI IBIYEYE JCA; ALI ABUBAKAR BANBADI GUMEL JCA; CHIOMA EGONDU NWOSU-IHEME JCA;

Judgement

CHIOMA EGONDU NWOSU-IHEME (Ph.D), J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of the High Court of Edo State Benin Division in suit NO.B/505/95. The Judgment was delivered by Sadoh, J. on the 8/2/96.

The Respondent who was the plaintiff in the lower court filed a suit on the 12/7/95 claiming the sum of One Million, Eight Hundred Thousand Naira against the Appellant who was the Defendant at the lower Court. By an application dated the 2/11/95 which was granted, the Respondent issued and served the writ and statement of claim on the appellant who was resident outside the jurisdiction of the said Benin High Court.

The Respondent was also granted an order to serve the said writ of Summons, the statement of claim and other processes of Court on the Appellant by Substituted Service, the said processes were served on the Appellant. In spite of service of these processes on the Appellant, he never entered appearance and did not file a statement of defence …

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