MR. JOHN EROMOSELE DARLINGTON v. POLARIS BANK LTD & ORS
May 30, 2025MAJOR BELLO M. MAGAJI VS THE NIGERIAN ARMY
May 30, 2025Legalpedia Citation: (2008) Legalpedia (SC) 91831
In the Supreme Court of Nigeria
Fri Mar 7, 2008
Suit Number: SC. 214/2002
CORAM
TAYLOR JUSTICE, SUPREME COURT
PARTIES
1. DREXEL ENERGY AND NATURAL RESOURCES LTD2. MR. ADETUNJIA. SOFESO3.MR. KOLAWOLE SOFESO APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Respondent sued the Appellants who lived outside jurisdiction for recovery of debt. The writ was filed and issued without the leave of the trial High Court, same was served on the Appellants by means of substituted service. The Appellants filled a motion for dismissal which was refused. An unsuccessful appeal at the Appeal Court led to this appeal.
HELD
Appeal allowed. The Supreme Court held that the failure of the Respondents to comply with the provision of Order 5 Rule 6 of the Oyo State High Court (Civil Procedure) Rules 1988 is a fundamental defect capable of rendering the Writ of summons and the proceedings invalid.
ISSUES
Whether the failure by the Respondents to comply with the provisions of Order 5 rule 6 of the Oyo State High Court (civil procedure) Rules, 1988, is a fundamental defect capable of rendering the Writ of summons invalid, and consequently the proceedings before the lower Court and this Court. ?
RATIONES DECIDENDI
CASES CITED
Odeh V. Federal Republic of Nigeria (2008) 13 NWLR (pt. 1103)1 at 19 – 20 Madukolu v. Nkemdilim (1962) 3 SCNLR 34;?
STATUTES REFERRED TO
Supreme Court Rule 1999 Oyo State High Court (Civil Procedure) Rules 1986
