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JUMOSIMA WARI & ORS v. MOBIL INC OF AMERICA & ANOR

(2013) JELR 35436 (CA)

Court of Appeal  •  CA/C/41/2009 (Consolidated)  •  28 Oct 2013  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA; UZO I. NDUKWE-ANYANWU JCA; ONYEKACHI A. OTISI JCA;

Judgement

MOHAMMED LAWAL GARBA, J.C.A. (Delivering the Leading Judgment): The Appellants in the three (3) appeals had taken out separate writs in Suits No. FHC/UY/CS/44/04 and FHC/UY/CS/46/04 against the Respondents in the Federal High Court sitting at Uyo, Akwa Ibom State. The addresses endorsed on the writs for service on the Respondents were as follows:-

"(1) Mobil Incorporated of America, c/o Mobil House, Victoria Island, Lagos.

(2) Mobil Producing (Nig.) Ltd. of Mobil House, Lekki Express Way, Victoria Island, Lagos."

Also endorsed on the writs, was the following command to the Respondents:-

"YOU ARE HEREBY COMMANDED that within eight days after service of this summons on your inclusive of the day of such service, you do cause an appearance to be entered for you in an action at the suit of Fubara Igbalibo and others. TAKE notice that in default of your so doing, the plaintiffs may proceed therein and judgment given in your absence."

Upon service of the writs on the Respondents, the 2nd Res…

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