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Martins Schroder & Co. V. Major & Co. (Nig.) Ltd. (1989) CLR 2(d) (SC)

Brief

  • Writ of summons
  • Special indorsement
  • Judgement in error
  • Service of process
  • Proof of service
  • Interpretation of statute

Facts

On the 25th day of November, 1988 after hearing learned counsel for the appellants in elaborated of the Brief of Arguments in support of the appeal, and without calling upon learned counsel for the Respondents, the appeal was summarily dismissed and reasons for doing so were reserved to today. I now proceed to give my reasons.

By a special Endorsed Writ taken in the Lagos High Court under the provision of Order 3 Rules 4 and 5 of the High Court of Lagos State (Civil Procedure) Rules, the appellant as plaintiff claimed from the respondent as defendant as follows:-

"Statement of Claim"

  • 1.
    The plaintiff drew a bill of Exchange at Hamburg Western Germany dated 8th November, 1975 for DM 24,703,40 with interest at the rate of 1% per month payable to the plaintiffs' on 6th February, 1976 which said Bill the defendant duly accepted.
  • 2.
    On or about the 6th February, 1976, the plaintiffs' agent in Lagos, presented the said Bill for payment but it was dishonoured by the defendants.

Issues

  • 1.
    Whether the only manner of proof of service of a writ of summons in...
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