CaseLaw
E.D.C. (Nig.) Ltd. V. I.C.O. (Nig.) Ltd (1996) 1(N) (CA)
Facts
The appellant filed a writ of summons in Benin High Court in Suit NO. B/242/91 claiming special and general damages for negligence. After the service of the writ of summons and statement of claiming, the respondent entered conditional appearance and brought a motion on notice for an order striking out the writ of summons on the grounds that it was void ab initio as the service of the writ at the branch in Benin instead of the headquarters of the respondent was not proper.
The trial court heard the motion and in its ruling dated the 13th day of February, 1992 declared the writ of summons null and void.
Dissatisfied with the ruling, appellant appealed. Respondent raised objection as to the competence of the appeal on the grounds that no prior leave of court was sought for and obtained before the appeal was filed and that it was filed out of time.
Issues
Whether the ruling of the trial court is interlocutory as to necessitate the...