The writ of summonsing the substantive case, issued on 19th May, 1977 contained the endorsements of the plaintiffs claims as follows:
The plaintiff claims
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i
against the defendants jointly and severally a declaration that the international sales representation Agreement converging transportation maker and dated 5th August, 1975 and made between the 1st defendant of the one part and the New Africa Technical and Electrical Company Limited of the other part was never validly terminated and did not expire until June 30, 1976.
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ii
against the 1st defendant the sum of US $720,460.00 (or its equivalent in Nigeria Currency) being commission payable under the before mentioned agreement by the 1st defendant to the Africa Technical & Electrical Company Limited plus interest at ten percent from the date of default to the date of judgment.
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iii
against the defendants jointly and severally a declaration that each and every other agreement between the 1st defendant other one hand and the New Africa Technical and Electrical Company Limited of the other in respect of which commissions are payable to the latter Company remains or remained valid until the date of their expiration and were never validly terminated or otherwise then by effluxion of time.
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iv
against the 2nd 3rd defendants jointly and severally a true and correct account of all sums paid by the 1st defendant to the 2nd and 3rd defendants as commission being sums received by the said defendants as agents de son tort of the New Africa technical and Electrical Company Limited in respect of the contracts referred to in paragraphs (i) and (iii) hereof, and payment over to the New Africa technical and Electrical Company Limited of any sum found due on taking such account.
A conditional appearance to the suit, upon a memorandum of appearance dated 22nd June, 1977, was entered by a firm of Solicitors, Fred Egbe & Co, on behalf of the 1st defendants. The reason for the conditional appearance was evident from the affidavit dated 28th July, 1977 sworn to by one Sikiru Agboola Lasisi, described in the affidavit as a “Legal Executive of 8/10 Broad Street.” It would appear that one John Maddox, the Sales Engineer of the interveners, was served at 739 Adeola Hopewell Street, Victoria Island, with the writ of summons and the statement of claim meant for the 1st defendants.
An order of the court to set aside the serviced of the Writ of Summons on the interveners was sought. The application was dismissed.
They then applied for leave of the Court of Appeal to appeal against the order dismissing the application. The appeal was allowed and it is from this ruling that the application originated.
