Okeke v Cadbury Nig. Plc & 2 Ors


The 1st and 3rd defendants/applicants through a motion on notice dated the 10th of April, 2015 had sought among other reliefs an order setting aside the ex parte order of the Court dated 13 September 2014 permitting the Claimant to serve the originating process in the proceedings on the Third Defendant in the United States by DHL courier service and deeming the service valid and proper. The gravamen of their action was that the claimant/ respondent issued an originating summons to be served on the 3rd defendants/applicants in the United States of America by substituted means, a foreign company with no place of business in Nigeria. They alleged that the service was irregular and as such renders the entire proceedings defective and incompetent.

Held: (Application dismissed.)        

(2016) 4 CLRN 64
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