Facts:

The respondents had commenced an action by writ of summons on 11th October 2002 at the High Court of Cross River State as owners of an estate occupied by the Nigerian Ports Authority under a leasehold occupation at the Calabar Port Complex. The claim was for the sum of N88,359,880.00 (Eighty-eight million, three hundred and fifty nine thousand, eight hundred and eighty naira) being the rents due for their leasehold estate situate in the Calabar Port commencing from 1969 till November 2001, and 21% interest rate on the rents owed and a further 10% interest on the judgment sum until final liquidation. The respondents also claimed the sum of N200,000.00 (Two hundred thousand naira) as cost of making the claim including legal fees.

On 11/10/2002, the respondents filed a motion ex-parte praying the court to institute the action in a representative capacity, to place the suit under the Undefended List and for leave to serve the defendant (now appellant) with the writ of summons outside jurisdiction and in Lagos State. The application was heard and granted on 6/11/2002. Thereafter the respondents served the appellant with the writ through speed post.