A former Nigerian Aviation Minister, Chief Femi Fani-Kayode has defeated his estranged wife, Precious Chikwendu in a court on technical ground.
The ruling was given against the plaintiff on the basis that the bailiff did not serve respondent the court processes.
Recall that Precious had last week filed a suit seeking to take custody of the four children between the union with a N3.5 million monthly upkeep for the children.
Chikwendu, alongside others, was alleged to have not served the court proceedings directly to the respondent.
However, Counsel to the respondent appeared in protest at the proceedings saying that they have not been served with the processes.
Justice Orji said it is the Police to investigate whether the acknowledgement containing the endorsement with the name of the respondent was actually forged or not.
The plaintiff had in her application alleged that the ex-minister has denied her custody of her children. But the former minister had in a press statement refuted the allegation made by the plaintiffs as false with no evidence to back her case.
The judge, however, held that the bailiff should have insisted on serving the respondent personally, saying the fact that the bailiff did not see him personally “raises the question of invalid service.
“The issue is not that he has not received it, but that it was not served on him personally. “In the light of the doubt on personal service, what is left for the court to do is to set aside the service.
“The purported service of the processes is hereby set aside,” the judge said.
He, however, refused the prayer to decline jurisdiction over the matter. The court ordered that a fresh hearing date be served on the respondent and adjourned the matter to 21st April 2021