CORAM
BODE RHODES-VIVOUR JUSTICE, SUPREME COURT
KUMAI BAYANG AKA’AHS JUSTICE, SUPREME COURT
JOHN INYANG OKORO JUSTICE, SUPREME COURT
PARTIES
DR E.J ESENOWO APPELLANT(S) / PLAINTIFF(S)
DEFENDANT(S) /RESPONDENT(S)
AREA(S) OF LAW
SUMMARY OF FACTS
The Plaintiffs of Biakpan in Akampa Division of the erstwhile South Eastern State (now more particularly of the Cross River State) claim against the Defendants as follows (a) a declaration that the land known as Okporokun as delineated in the Plaintiffs’ plan No. EAAC/489/LD is part of Biakpan communal land and (b) perpetual injunction to restrain the defendants by themselves, their servants, agents or assigns from alienating, dealing with or doing anything in the said Okporokun inconsistent with the communal ownership of Biakpan of it. The 1st sets of defendants were originally the only defendants
HELD
The court held that the respondents failed to establish their case and the matter was dismissed
ISSUES
AFRICAN CONTINENTAL BANK LTD. CALABER VS JOSEPH AGBANYM 1960 FSC 267/1959 [1960] NSCC 121. Whether the Court of Appeal was not in error when it affirmed the decision of the learned trial Judge in which a declaration of title to the land in dispute was made in favour of the plaintiffs/respondents. 2. Whether the Court of Appeal was not in error when it affirmed the decision of the learned trial Judge by which he made an order of injunction against the appellants?
RATIONES DECIDENDI
SERVICE OF AN AMENDED WRIT
A rule of first principles, that an action commenced by writ of summons or other process must be served on the defendant. In the same way, an amended original writ by the addition or substitution of a party thereto ought to be seen as the equivalent of a new writ issued against that party, and therefore the plaintiff has to serve the amended writ according to service rules or as may be directed by the court.- Per Samson Odemwingie Uwaifo, JSC
CASES CITED
1. Onea v. Egbuchi (1970-71) 1 ECSLR 802. Saude v. Abdullahi (1989) 4 NWLR (pt.116) 387 at 405 3. Adegoke Motors Ltd v. Adesanya (1989) 3 NWLR (pt. 109) 2504. Skenconsult (Nigeria) Ltd. v. Ukey (1981) 1 SC.6,
STATUTES REFERRED TO
NONE ?