GROUP DANONE & ANOR V VOLTIC (NIG.) LTD.
May 30, 2025ADAMU SULEMAN & ANOR V COMMISSIONER OF POLICE PLATEAU STATE
May 30, 2025Legalpedia Citation: (2008) Legalpedia (SC) 11311
In the Supreme Court of Nigeria
Fri Mar 7, 2008
Suit Number: SC. 283/2002
CORAM
CHRISTOPHER M. CHUKWUMA-ENEH, JUSTICE SUPREME COURT
PARTIES
1.. H.R.H. IGWE G.O. UMEONUSULU UMEANADU APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant challenged the competence of the 2nd respondent to file contempt proceedings against him having not been served with form 5 as party who joined a suit. He also contended that the high court ought to have struck out his suit pursuant to a notice of discontinuance he filed.
HELD
The court held that non- service of form 5 was an irregularity since the 2nd respondent applied to join as a party himself and that the high court was right in continuing with the suit because the appellant did not seek leave to discontinue after the suit was fixed for hearing.
ISSUES
1. Whether the Court of Appeal was correct in its decision that the non-service of an Originating process (in this case From 5) on the 2nd Respondent was a mere irregularity.2. Whether the Court of Appeal was correct in its decision that the learned trial Judge was correct in refusing a discontinuance of the suit as sought by the Appellant.
RATIONES DECIDENDI
CASES CITED
1. Nwobu Nwachukwu & Ors. v. David Eze & Ors. (1955) 15 (W.A.C.A.) 362. Eronini & Ors. v. Francis Iheuko (1989) 2 N.W.L.R. (Pt. 101) 46
STATUTES REFERRED TO
Anambra State High Court Civil Procedure Rules
