ISAIAH OLUFEMI AKEJU, J.C.A. (Delivering the Leading Judgment): The Appellants are children of one Safiya Vatsa, the defendant in Suit No. C/83/88 commenced by the Respondent at the Calabar Judicial Division of the Court of Cross River State through the Writ of Summons filed on 3rd June, 1988.
The Respondent claimed as follows:
"(a) N449,906.19 and interest at the rate of 11'bd% per centum calculated at monthly rests (sic) until the principal sum and interest are finally liquidated.
AND BY WAY OF SPECIFIC PERFORMANCE
(b) An order that the defendant executes an Equitable Mortgage of the property as registered as 31/31/160 in the Calabar Lands Registry, to the Plaintiff."
The Respondent did not file any statement of claim but headed the claim in the writ as "PARTICULARS OF CLAIM". The Respondent sought and obtained the order of court to serve the writ by substituted means which was effected through publication in the 11th November 1988 edition of the Daily Newspaper called the Nigerian …