KAYODE ESO, JSC (Presiding and Delivering the Leading Judgement): It is necessary, for a fair understanding of the background to this appeal to set out some of the facts. The plaintiffs in the High Court of Justice, Lagos, who are now the Respondents in this Court, filed a writ of summons. I will set out the writ therein
"FORM NO.2 APPENDIX A
(WRIT OF SUMMONS NO.3 RR4 and 5)
IN THE HIGH COURT OF LAGOS STATE
IN THE LAGOS JUDICIAL DIVISION
BETWEEN SUIT NO. LD/530/79
1. LEMMINKAINEN OY PLAINTIFF(S)
2. RAKENNUS-RUOLA OY AND
3. CHIEF HAROLD SODIPO DEFENDANT(S)
To Chief Harold Sodipo of 1, Harold Sodipo Crescent, G.R.A., Ikeja in the Lagos State of Nigeria.
You are hereby commanded that within eight days after the service of this writ on you, inclusive of the day of such service, you do cause an appearance to be entered for you in an action at the suit of Plaintiffs and take notice that in default of your so doing the plaintiff may proceed therein, and judgment may be given in your absence.