CaseLaw
Rivers State Govt. V. Specialist Konsult (2005) CLR 2(d) (SC)
Judgement delivered on February 11th 2005
Brief
Facts
Before the High Court of Lagos State, the Respondent as Plaintiff commenced this action with a writ of summons dated 6th June 2000 under the undefended list procedure against the Appellants claiming against the 1st Appellant the sum of USD3,138,122.81 being outstanding fees due to the Respondent on work already executed on behalf of the Rivers State Government of Nigeria since 27th April, 1995. Interest was also claimed on the said sum at the rate of 21% per annum from 27th April, 1995 until the total liquidation of the entire debt. The writ of summons referred to above was accompanied by an affidavit headed "Affidavit in support for undefended list" and dated 6th June 2000. The Appellants' address for service as endorsed on the face of the Writ of Summons was "c/o Rivers State Government Liaison Office, 26 Bishop Oluwole Street, Victoria Island, Lagos." On the 7th of June 2000, the Respondent filed an application seeking directions that "the suit formulated in the writ of summons together with the affidavit in support with the relevant annexes be set down for hearing on the undefended list. On the 11th of October 2000 the Court, Humponu-Wusu, J granted leave to the Respondent and directed that the suit as formulated in the writ of summons together with the affidavit in support with the relevant annexes be set down for hearing as undefended list. The Writ of Summons was thereafter allegedly served on one Mrs. Marcus, a clerk at the said Bishop Oluwole Street, Victoria Island address on or about 26th day of October 2000 and a return date for the hearing was then fixed for the 13th of November 2000. On the 13th of November 2000, the Court, presided over by Humponu-Wusu J., entered judgment in favour of the Respondent against the Appellants for the sum of US $3,138,122.81 claimed together with 21% interest as claimed until judgment, and thereafter at 6%.
Aggrieved by the decision of the trial Court, the Appellants appealed to the Court of Appeal and sought and obtained a stay of execution pending appeal. The Court of Appeal Lagos Division, in a unanimous decision, dismissed the Appellants appeal and affirming the judgment of the trial Court.
The Appellants appealed to the Supreme Court.
Issues
The Appellants appealed to the Supreme Court...