BADA JCA (Delivering the Lead Ruling): By an application dated the 27th day of September, 2006 and filed on the same date, the defendant/ appellant/applicant prayed for the following relief::
“An order staying further proceedings in suit No. A/43/2006 pendingbefore hislordship, Honourable Justice J.C.Iguh sitting at Anambra State High Court, Awka Division (court 8) pending the determination of the applicant’s appeal against the ruling of the said High Court delivered on the applicant’s application to set aside the alleged or purported service of originating processes in the suit on her.” In support of the application is an affidavit of 36 paragraphs and a further affidavit of 35 paragraphs.
The respondents opposed the application and they relied on a 17 - paragraph counter-affidavit and another 6 paragraph further counter- affidavit.
In order to understand what is in controversy in this application, it would be necessary to refer to the facts which led to the application. Briefly the f…