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CaseLaw

Moses V. NBA (2019) CLR 2(j) (SC)

Judgement delivered on February 21st 2019

Brief

  • Nigerian Bar Association – Whether it is a juristic person
  • Artificial person
  • Preliminary objection
  • Section 12 of the Legal Practitioners Act 2004.
  • Section 10 (1) of the Legal Practitioners Act 2004.
  • Section 11(1) of the said Legal Practitioners Act 2004.
  • Section 10(1) (b) of the Legal Practitioners Act 2004.
  • Rule 1 of the Rules of Professional Conduct for Legal Practitioners 2007
  • Rule 15(i) of the Rules of Professional Conduct for Legal Practitioners 2007
  • Rule 15(j) of the Rules of Professional Conduct for Legal Practitioners 2007
  • Rule 55 of the Rules of Professional Conduct for Legal Practitioners 2007
  • Rule 30 of the Rules of Professional Conduct for Legal Practitioners 2007
  • Rule 32(k) of the Rules of Professional Conduct for Legal Practitioners 2007

Facts

The Appellant, a Legal Practitioner practicing in Port Harcourt, Rivers State, represented a Member of the Rumu-Amadi Family at the High Court of Rivers State, in a case involving family land.

The Appellant's client lost at the High Court and he appealed to Court of Appeal, which is when things got out of hand, leading up to a Petition written by the Representatives of the Family to the Chairman of the Respondent (the NBA)'s Port-Harcourt Branch.

In the Petition dated 23/3/2013, it was alleged that while the matter was on appeal, Appellant partitioned the family land and sold plots of land; and he misrepresented himself as the Family's lawyer and began negotiating more sales without valid authority.

The Petition was referred to the Disciplinary Committee of the NBA, who after its investigations, made the following findings:

Issues

  • 1.
    Whether the NBA is a juristic person known to law that can be sued...
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