CORAM

SALIHU MODIBBO ALFA BELGORE, JUSTICE, SUPREME COURT

IGNATIUS CHUKWUDI PATS-ACHOLONU, JUSTICE, SUPREME COURT

PARTIES

BROAD BANK OF NIG. LTD APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The Appellant  instituted an action by Writ of summons against the Respondents who live outside the jurisdiction of Lagos State. The Respondents via a notice of preliminary objection sought the striking out of the suit. The court held that it was not endorsed that it was to be served out of jurisdiction, therefore it is incompetent. The Court of Appeal affirmed that decision hence this further appeal to the Supreme Court.

HELD

Appeal Allowed

ISSUES

(1) whether the learned Justices of the Court of Appeal were right in holding that obtaining leave to issue after the filing of the writ of Summons but before actual service of same on the defendants is bad in law.(2) were the learned Justice of the Court of Appeal right in setting aside the service of the writ of Summons, Statement of Claims and other originating processes on the defendants in Osun State of Nigeria on grounds of the non-endorsement of the writ and the stated time for appearance on the processes served.(3) were the learned Justices of the Court of Appeal right in holding that the old rules (1972 Rules) as against the new rules (1994 Rules) applies to the proceedings taken before the Lower Court on the 19th day of November, 1997

RATIONES DECIDENDI

CASES CITED

1. C. T. and F. C. V. NNPC (2002) 14 N.W.L.R. (Pt. 786) p. 133, (2002) 8 SCM 352. Seaconsar Far East Ltd. V. Bank Markazi Jombouri Islam Iran (1993) 4 All E.R. 456 3. Spiliada Maritime Copr V. Consular Ltd. Subnom Spiliad (1987) A.C. 460.?

STATUTES REFERRED TO

1. Lagos State High Court Rules of 19942. Sheriffs and Civil Process Act3. Vol. 1 2001 of English Civil Procedure Rules?

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