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CaseLaw

Albion Const. Ltd. Vs. Rao Invest and Pro. Ltd. (1991) CLR 2(f) (CA)

Judgement delivered on Monday, 4th February, 1991

Brief

  • Parties to an appeal
  • Declaratory orders
  • Right of appeal
  • Stay of execution
  • Competence to sue
  • Interested party

Facts

Albion Construction Company Ltd. was the plaintiff in the lower court. I will call it Albion here for short, it commenced an action against the two defendants - Rao Investment and Properties Ltd. and Chief Rasaki Okoya. The action was commenced on behalf of Albion by Messrs Debo Akande and Okonji. They are a firm of Solicitors. They have their practice at 8/10 Broad Street, "Western House, Lagos. The solicitors for the defendants, Chief Rotimi Williams' Chambers of No. 1 Shagamu Avenue, llupeju raised an objection as to the authority of Messrs Debo Akande and Okonjo to represent Albion. The objection was formally raised in a motion praying the lower court to strike out the action on the ground that "the legal practitioners who commenced the action have no authority from Albion." The learned trial Judge, in a well considered ruling agreed with the objection. The action was accordingly struck out.

Dissatisfied with the ruling, Messrs Debo Akande and Okonjo firm of Solicitors now seek leave of this court to appeal "against the judgment (sic) of the Lagos High Court holding that they lacked jurisdiction to sue on behalf of the plaintiff company." They also ask for stay or suspension of the Order made against them. The leave to appeal is purportedly sought on behalf of the plaintiff in the lower court, now the plaintiff/applicant in this court.

Issues

  • 1
    Whether Debo Akande and Okonjo, a firm of Solicitors, had the standing...
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