CORAM
1.CHIEF CHRISTOPHER ODETOLA
2.RAJAH EDUCATIONAL PUBLISHERS
3.MRS. LAI AWOOLA
PARTIES
1.CHIEF CHRISTOPHER ODETOLA2.RAJAH EDUCATIONAL PUBLISHERS3.MRS. LAI AWOOLA APPELLANTS
DAUDA OKEOWO RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Claimant now Respondent instituted an action before a lower Court against the Defendants/Appellants claiming special and general damages for breach of contract. The writ of summons and Statement of Claim were issued in the name of a law firm called A.A. Omoyinmi & Co. Subsequently, with leave of the Court, the Claimant /Respondent amended his writ of summons and statement of claim. The amended processes were also issued in the name of the law firm A.A. Omoyinmi & Co. At the close of pleadings, the matter proceeded to hearing. The Defendants/Appellants filed a notice of preliminary objection contending that the Claimant/Respondent’s suit was incompetent on the grounds that the suit was filed in the name of the Law firm and not in the name of a Legal Practitioner whose name is enrolled to practice law in Nigeria. The Claimant/Respondent in reaction to the preliminary objection filed an application to amend the processes in order to conform to the statutory requirement of who may sign court processes. In its ruling, the trial Court allowed the application to amend the processes, holding that the error in adding the words ‘& Co’ to the endorsement on the originating processes did not invalidate the processes. Dissatisfied with the said decision, the Defendant now Appellant has appealed to this Court.
HELD
Appeal Dismissed
ISSUES
? Whether the lower court rightly held that the originating processes issued in the name of A.A. Omoyinmi & Co. did not invalidate the suit
RATIONES DECIDENDI
CASES CITED
STATUTES REFERRED TO
High Court of Lagos State (Civil Procedure) Rules 2004
Laws of the Federation of Nigeria 2004
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