CaseLaw
Skenconsult V. Ukey (1981) CLR 1(d) (SC)
Judgement delivered on January 16th 1981
Brief
Facts
2nd Appel¬lant and Respondent were the Chairman/ Managing Director and Director respectively of the Company, Skenconsult (Nigeria) Ltd., the 1st defendant in the proceedings in the High Court (hereinafter referred to as 1st Appellant).
A third party relevant in these proceedings is Emmanuel Ometan, a Legal Practitioner who is the Secretary/Legal Adviser of the 1st Appellant.
After some problems be¬tween the 2nd Appellant and the Respondent, the Respondent instituted an action for certain reliefs against the two appellants.
His writ was dated 13th November, 1978 but the return date as endorsed thereon was 24th November, 1978. It is pertinent to mention at this stage that at the time the said suit was instituted, the address of the 1st Appellant was 1, Chapel Street, Yaba, Lagos while that of 2nd Appellant was 3A, Oduduwa Way, G.R.A., Ikeja, Lagos State.
Almost simultaneously with the filing of the writ of summons, the respondent on the 7th and 11th December, 1978 respectively, filed the two motions which resulted in the two orders made on 15th December, 1978 and referred to above. The ap¬pellants, being totally aggrieved about these orders, filed a motion in the Bendel State High Court, Benin, dated 2nd January, 1979 asking the court inter alia set aside the orders made by Ekeruche, J. on 15th December, 1978 and service of the writ of summons and the motion on notice dated 11th December, 1978 on the ground that such service was not in compliance with the provision of the Sheriffs and Civil Process Act and also because the Court had no jurisdiction to entertain the plaintiff's claim which jurisdiction rested solely in the Federal Revenue (now High) Court.
The court declined to set aside the orders and dismissed the motion
Appellants appealed to the Federal Court of Appeal but the learned Jus¬tices affirmed the decision of the High Court.
Appellant appealed to the Supreme Court
Issues
Whether proceedings under a writ of summons for service in another state...