CaseLaw
Rebold Industries Ltd Vs. Magreola & Ors (2015) CLR 4(c) (SC)
Judgement delivered on April 24th 2015
Brief
Facts
Sometimes in 1995, the service of the Respondent as a firm of solicitors, were retained by the Mandilas Group Limited for the preparation and engrossment of a deed of sublease between the Mandilas Group Limited and Rebold Industries Limited (being the appellants herein). The sublease was in respect of the property known and situate at 7A Creek Road, Apapa, Lagos.
It was a term of the agreement that the appellant would be responsible for the legal fees incurred in preparing the Deed of Lease. The appellant failed to make good the said terms of the agreement.
On the 14th day of May, 1997, the Respondent took out a writ of summons endorsed with a statement of claim against the appellant for the recovery of the said fees incurred in the preparation and engrossment of the deed.
The appellant having failed to respond to the summons of the respondent, a default judgment was entered for the respondent on the 19th of June, 1998.
On 26th day of November, 1998, the Appellant filed a motion before the Lagos State High Court challenging the jurisdiction of the said High Court on the ground that the respondent lacked the locus standi to have instituted the action in the first place. The High Court dismissed the motion in a ruling pronounced on the 21st day of February, 2000. Aggrieved by the said Ruling, the appellant filed an appeal at the Court of Appeal on 14th May, 2002.
The court below in its judgment dismissed the appellant's appeal on the ground that even though the respondent was not a party to the Deed of sublease, he still had locus standi to sue on the representation made by the appellant in the agreement to pay the respondent's fees. Still dissatisfied with the judgment, the appellant has appealed to this court.
Issues
Whether the Lower Court was right in deciding that the Respondent has the Locus...