ULTIMATE TRUST HOLDINGS vs. LEIPING & 3 ORS.

Order 8 rule 1 of the High Court (Civil Procedure) Rules, 2004 states that no writ shall be served out of the jurisdiction. However sub rule (2) of rule 1 also states that notice of a writ as in Form 3 in the schedule may be served out of the jurisdiction with leave of the Court. The same order 8 rule 3 also lists cases in which service out of the jurisdiction of notice of a writ may be effected with leave of the Court. Thus in an action to enforce, rescind, dissolve, annul or otherwise affect a contract or recover damages or obtain other relief in respect of the breach of a contract, a defendant who is ordinarily not resident within the jurisdiction may be served with notice of a writ with leave of the Court. The present application is a request by the 1st defendant/applicant for an order setting aside the Writ of Summons and service thereof on the 1st, 2nd and 4th defendants on grounds of nullity and incompetence. It is the case of the applicant that the writ of the plaintiff whi...