TRUE COLOUR EVENTS vs GLOBACOM NIGERIA LIMITED & ANOR

RULING The instant motion, filed on the 21st day of October, 2015, seeks an order of the court to strike out or set aside the writ of summons and the service of the writ of summons. The application, according to the applicant, is brought under the inherent jurisdiction of the court. The reasons for the application are stated in the motion paper and elaborated in the affidavit in support as well as the supplementary affidavit attached. The plaintiff is opposed to the application and has accordingly filed an affidavit in opposition. Before considering the merits of the application it is important to point out that the writ of summons was issued and filed on the 9th day of March, 2015. The writ was served on Glo Mobile but returned to the Registry under cover of a letter dated 24th March, 2015 with the reason that the 1st defendant was unknown to the recipient company. This prompted the plaintiff to amend the writ on the 6th May, 2015 wherein the name of the 1st defendant was changed ...