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OBA ADEYINKA OYEKAN II & ORS v. MR. ELLI ROSSEK

(2009) JELR 41566 (CA)

Court of Appeal  •  CA/L/218/97  •  16 Feb 2009  •  Nigeria

Coram
CLARA BATA OGUNBIYI JCA; RAPHAEL CHIKWE AGBO JCA; ADZIRA GANA MSHELIA JCA;

Judgement

CLARA BATA OGUNBIYI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision/ruling delivered by the Lagos State High Court on the 17th day of January, 1995.

The Appellants who are all representatives of Docemo Royal family instituted this suit by filling the writ of summons and the statement of claim wherein they prayed for an order granting them the right, or re-entry and repossession of the piece of land, building and property therein, known and situate at No.2, Pedro Street, Lagos which property belongs to the King Docemo Royal Family (see pages 1-6) of the records.

After an unsuccessful attempt at personal service of the writ of summons and the statement of claim on the defendant/respondent the plaintiffs/appellants filed a motion ex-parte wherein they prayed the court, for an order for substituted services, (see pages 11-12) of the records.

The motion ex-parte for substituted service came up for hearing on the 2nd day of August, 1995. After the motion …

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