n Compulaw - 1st Indigenous Digital Law Library
Disable Preloader

CaseLaw

SLB Consortium V. NNPC (2011) CLR 4(e) (SC)

Judgement delivered on April 15th 2011

Brief

  • Processes (Proper person to sign)
  • Jurisdiction when service not properly done
  • Order 26 Rule 4(3) of the Federal High Court (Civil Procedure) Rules 2000

Facts

This is an appeal against judgment of the Court of Appeal Holden at Lagos in appeal NO. CA/L/31/2005 delivered on the 20th day of May, 2008 in favour of the respondent who was the defendant at the court of trial.

Both counsel for the parties have filed their briefs of argument which were adopted and relied upon at the hearing of the appeal on the 1st day of February, 2011.

The learned Senior Counsel for the respondent, OLAWALE AKONI ESQ, SAN raised a preliminary objection which was argued in the respondent's brief filed on 9th June, 2009. The substance of the objection is that the originating processes in this action were signed by a law firm instead of a qualified legal practitioner as required by the Rules of Practice of the Federal High Court and the decision of this Court in the case of Okafor vs. Nweke (2007)3 S.C (pt. II) 55 at 62 - 63.

In arguing the objection, learned Senior Counsel referred the court to the

  • Originating Summons at page 3 of the record of appeal which document is signed by "Adewale Adesokan & Co" as the legal practitioner acting on behalf of the plaintiff; that order 26 Rule 4(3) of the Federal High Court Rules, 2000 provides that pleadings shall be signed by a legal practitioner or the party if he sues or defends in person. It is the submission of learned Senior Counsel that the use of the word "shall" in the above provision clearly means that the provision is mandatory. Relying on the decision of this Court in Okafor vs. Nweke supra, learned Senior Counsel submitted that for processes filed in the courts of this country to be valid, they must be signed by legal practitioners whose names are on the Roll as haven qualified to practice as Barristers and Solicitors in Nigeria; that since the Originating Summons was not signed by a legal practitioner as required by law, the trial court lacked the jurisdiction to entertain the matter as constituted thereby rendering the proceedings null and void; that the same defect afflicts the
Read More