CORAM

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ESO

OBASEKI

KARIBI-WHYTE

NNAMANI

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PARTIES

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ADEGOKE MOTORS LTD

APPELLANTS 

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DR. BABATUNDE ADESANY A

RESPONDENTS 

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AREA(S) OF LAW

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APPEAL – SECTIONS 97 AND 99 OF THE SHERIFFS AND CIVIL PROCESS ACT/ JUDICIAL PRECEDENT

 

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SUMMARY OF FACTS

The appellant complained on appeal that the writ which originated the action under which judgment was given against him did not comply with sections 97 and 99 of the Sheriffs and Civil Process Act.

 

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HELD

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The court held that non- compliance with the provision is an irregularity and having not objected to the writ at the trial court, the appellant cannot do so on appeal.

 

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ISSUES

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Whether or not the Writ that originated the present action leading up to this appeal was void for non-compliance with Sections 97,98 and 99 of the Sheriffs and Civil Process Act Cap 189 of 1958

 

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RATIONES DECIDENDI

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PROCEDURE FOR OBJECTING TO A DEFECTIVE WRIT

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When a defendant desires to object to the regularity of the proceedings by which the plaintiff seeks to compel his appearance, he may, by leave of a master, enter a conditional appearance or an appearance under protest, and then apply to the Court to set aside the plaintiffs proceeding,’ or he may, without entering an appearance, move to set aside the service of the Writ. – Oputa J.S.C.

 

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CASES CITED

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1. Skenconsult v. Ukey(1981) 1 S.C.6

2. Ezomo v. Oyakhire (1985) 1 N.W.L.R. (Part2)p.195

3. Niger Progress Ltd. v. North East Line Corporation (1989) 3 NWLR (Pt. 107) 68 at p. 100

4. Nishizawa Ltd.. v. Jethwani (1984) 12 S.C. 234

5. U.T.C. Nigeria Ltd v. Chief J.P. Pamotei (1989) 2 N.W.L.R. (Pt. 103) 244 at pages 270-273

6. Chief Gani Fawehinmi v Nigerian Bar Association AND ors. (No.2) (1989) 2 N. W.L.R. (Pt.l05) 558 at page 650

7. Giles v. Melsom (1873) L.R. H.L. Eng. Ir. App. 24

 

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STATUTES REFERRED TO

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Not Available

 

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