CORAM

M.L. UWAIS, JUSTICE, SUPREME COURT

I.L. KUTIGI, JUSTICE, SUPREME COURT

U. MOHAMMED, JUSTICE, SUPREME COURT

Y.O. ADIO, JUSTICE, SUPREME COURT

M. L. UWAIS, JUSTICE, SUPREME COURT

PARTIES

ALHAJI J.A. ODUTOLA APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

This case has a chequered history; starting with a land matter and developing into non appearance of counsel, and sometimes, parties to the suit which led to its being struck out by the trial court. Subsequently, the plaintiff’s counsel rejected service of hearing notice.

HELD

The appeal succeeded and was allowed. The ruling of the Court of Appeal refusing the plaintiffs application was set aside. It was ordered that the appeal be re-entered for hearing by the Court of Appeal, at Ibadan. The plaintiff was given costs of the appeal assessed at N1,000.00.

ISSUES

The main issue on this appeal is whether the Court of Appeal was right in law to hold that the appellant was duly served having regard to the materials before it particularly the bailiff’s affidavit which showed that the appellant was not personally served as required by law and the previous order of the Court of Appeal itself.

RATIONES DECIDENDI

CASES CITED

Obimonure v. Erinosho, (1966)1 All N.L.R. 250 at p. 252;Scott-Emuakpor v. Ukavbe, (1975)12 S.C. 41 at p. 47 Odita v. Okwudinma (1969)1 ALL N.L.R. 228 at pp. 231- 232Kudoro v. Alaka (1956-58) 1 F.S.C. 82; (1956) SCNLR 255;Solanke v. Ajibola (1969)1 N.M.L.R. 253;Odusote v.Odusote, (1971) l ALL N.L.R. 221 (New Edition) Awani v. Erejuwa II (1976) 11 S.C.307.

STATUTES REFERRED TO

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