POWER HOLDING COMPANY OF NIGERIA PLC. V. MR. JULIUS OLAYINKA OGUNSUYI

HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Ruling of Honorable Justice O. Akintan-Osadebay of the High Court of Ondo State, Akure Judicial Division delivered in Suit No. AK/305/2009 on the 3rd of March, 2010. By a writ of summons dated the 23rd of July, 2009, the respondent, as plaintiff, commenced an action in the High Court of Ondo State in Suit No AK/305/2009 against the appellant, as defendant, praying for sundry orders. The writ of summons was accompanied by a statement of claim consisting of twenty-five paragraphs. The writ of summons and the statement of claim were served on the appellant at its office at Plot 441, Zambesi Crescent, Maitama, in Abuja by a bailiff of the lower Court on the 30th of July, 2009 at 2.04pm and the processes were received by one Garba Audu, a staff of the appellant. The bailiff of the lower Court deposed to an affidavit evidencing the service on the 31st of July, 2009 (page 6 of the records …