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MR. EMMANUEL OLUYEDE V. CHIEF MRS. OLUREMI ADEYANJU

(2010) JELR 33600 (CA)

Court of Appeal  •  CA/IL/13/2009  •  13 Jul 2010  •  Nigeria

Coram
DALHATU ADAMU JCA; IGNATUS IGWE AGUBE JCA; CENTUS CHIMA NWEZE JCA;

Judgement
<p>DALHATU ADAMU (OFR), J.C.A. (Delivering the leading : ): This appeal was heard on the appellant's brief alone. On the application of the appellant, praying that the appeal be heard on his brief alone since the respondent has failed to file her own brief after she was served with the appellant's brief. The application was granted on 9/1/2010. The appeal was heard initially on 10/3/2010. It was re-heard again on 21/6/2010 and judgment was reserved.</p><p> Under the appellant's brief dated 16/3/2009 and filed on the same date, the appellant formulated the following two (2) issues for determination.</p><p> ISSUES IN THE APPEAL</p><p> A. Whether it is legally permissible to cause to issue, file and serve the writ of summons and statement of claim outside jurisdiction without leave of court having first being sought, had and obtained.</p><p> B. Whether order for substituted service can be made without attempt at personal service."</p><p> Under issue 'A', the appellant argues that it is not legally permissible to issue,…</p>

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