CORAM

SALIHU MODIBBO ALFA BELGORE JUSTICE, SUPREME COURT

ANTHONY IKECHUKWU IGUH JUSTICE, SUPREME COURT

AKINTOLA OLUFEMI EJIWUNMI JUSTICE, SUPREME COURT

PARTIES

1. KALU MARK2. MAR-PRIK INDUSTRIES NIG. LTD. APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The respondent obtained an order of substituted service on the appellants; the 2nd appellant was a company. The appellants applied to set aside the judgment obtained on the ground that they were not served.

HELD

The court held that the judgment was a nullity and that the appellants could apply to set it aside.

ISSUES

1.  Whether under the laws of Nigeria the only option available to a party disputing a judgment entered against that party under the Undefended List is an appeal against that judgment.2.  Whether the conclusion that the appellants were properly served with the Writ of Summons without oral evidence being called to resolve the issue was proper.3.  Whether the judgment of the High Court which was sought to be set aside was a competent judgment.4.  Whether Issue 2.03 in the Court of Appeal had no sustaining ground.5.  Whether a bailiff’s affidavit of service is a conclusive proof of service, under the law.

RATIONES DECIDENDI

CASES CITED

1. BEN THOMAS HOTEL LTD VS. SEBI FURNITURE LTD. (1989) 5 NWLR (Pt. 123) 5232. ANATOGO VS. IWEKA (1995) 9 SCNJ 1 at 33-34 or (1995) 8 NWLR (Pt.415) at 5473. VICTOR ROSSEK & OTHERS VS. A.C.B. LTD. & OTHERS (1993) NWLR (Pt. 382);4. OLABANJI VS. ODOFIN (1996) 2 SCN J 242 at 2475. MBADUGHA VS. NWOSU (1993) 9 NWLR (Pt. 315) 110

STATUTES REFERRED TO

None.

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