SCOA NIGERIA PLC & DR. M.F. BOULOUS V. ALHAJI SANI YARO DANBATA & LEADERS & CO. LTD.

OGUNTADE, JCA (Delivering the Lead Judgment): In suit No. FCT/ HC/CV/737/2000, the 1st respondent was the plaintiff in an action brought against the appellants and the 2nd respondent at the High Court of Abuja. The suit was in defamation. The substance of the claim is of no consequence in this appeal. I have therefore not reproduced the claim in the judgment. It suffices to say that the writ of summons and statement of claim were filed together on 19/10/2000. The 1st and 2nd defendants before the lower court, that is, SCOA Nig. Plc and Dr. M. F. Boulous on 2/7/2001 brought an application praying for an order that the writ of summons which was served outside jurisdiction be set aside. The grounds relied upon for bringing the application were stated to be these:

“1. The plaintiff failed to comply with the mandatory conditions of the applicable rules of court.

2.The plaintiff did not obtain the leave of court before the issuance of the writ of summons which was served out of jurisdictio…