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A defendant irregularly or wrongfully summoned has an option either:[1]
- To enter appearance on protest; or
- To enter a conditional appearance; and
- Then file a motion in the Court seized of the matter to set aside the writ or originating summons on the ground complained of.
[1]Saude v Abdullahi (1989) 4 NWLR (Pt 116) SC 387 at 432, Akindele v Abiodun (2008) LPELR-8557(CA) 35-36 paras F-B.