Legalpedia Citation: (2014) Legalpedia (CA) 01051

In the Court of Appeal

Thu Feb 27, 2014

Suit Number: CA/IL/106/2013

CORAM

PARTIES

1. ALH. ABDULKAREEM LAARO BUHARI (BALOGUN GAMBARI OF ILORIN)

2. ALH. BABA BUHARI

APPELLANTS 

1. ALH. MUHAMMED ALIYU ADEBAYO

2. HIS ROYAL HIGHNESS, ALH. IBRAHIM SULU GAMBARI (EMIR OF ILORIN)

3. ILORIN EMIRATE COUNCIL

RESPONDENTS 

AREA(S) OF LAW

SUMMARY OF FACTS

The Claimants instituted a suit at the high Court of Kwara State, against the Defendants. Pleading were filed and exchanged and after the conclusion of trial, but before delivery of the judgment, the 2nd and 3rd Defendants/Respondents filed a motion on notice praying the Court for leave to challenge the competence of the suit and jurisdiction of the court and also to strike out the writ of summons as it was incurably defective not begin signed by any legal practitioner as required by law. After hearing the argument on the motion on notice the learned trial judge declared the writ of summons invalid and struck it out. Aggrieved by the ruling, the Claimants now Appellants have filed this appeal.

HELD

Appeal Dismissed

ISSUES

1. Whether the questioned writ of summons was issued and signed by a Legal Practitioner known to law.?

2. Whether by the communal reading and effect of Order 2 Rule 2(2) AND Order 6 Rule 2(3) of Kwara State High Court (Civil Procedure) Rules 2005, a statement of claim is an originating process.?

3. Whether in the circumstances of this case, the doctrine of supecession of a statement of claim over a writ applies ?

 

RATIONES DECIDENDI

CASES CITED

Adebusokan vs. Yunusa (1971) All NLR 257;Adegoke vs. Adibi (1992) 6 SCNJ 136;Agbareh V. Mimra (2008) L P ELR-235 (SC)Cookey vs. Fambo (2005) 15 NWLR (Pt. 947) 182Daniel Holding Ltd vs. UBA Pic (2005) 7SC (Pt. 1) 18ELF Nig. Ltd vs. Sillo (1994) 6 NWLR (Pt. 350) 258Madukolu vs. Nkemdilim (1962) 2 SCNLR 34;Ministry of Works and Transport, Adamawa State vs. Yakubu Isiyaku Alhaji (2013) 24 WRN 1Ntah vs. Aniagbo (1972) 5 SC 101Okereke vs. Yar’adua (2008) All FWLR (Pt. 430) 6262Petrojessica Enterprises Ltd vs. Leventis Technical Company Ltd (1992) LPELR 2915 (SC)Utih vs. Onoyivwe (1991) 1 NWLR (Pt. 166) 166Skenconsult (Nig) Ltd vs. Ukey (1981) 1 SC, 6;SLB Consortium vs. NNPC (2011) 3-4 MJSC 145 at 166

STATUTES REFERRED TO

1. Evidence Act 2011

2. Federal High Court (Civil Procedure) Rules 2000

3. Interpretation Act Cap 123 LFN 2004Kwara State High Court (Civil Procedure) Rules 2005

4. Legal Practitioners Act, Cap. 207, LFN 1990

 

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