Legalpedia Citation: (2012) Legalpedia (SC) 43156
In the Supreme Court of Nigeria
Fri Dec 7, 2012
Suit Number: SC. 325/2010
CORAM
MITCHELL CHKWUMA-ENEH, JUSTICE SUPREME COURT.
PARTIES
DR. TUNJI BRAITHWAITE APPELLANTS
SKYE BANK PLC
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
This ruling is as a result of a notice of preliminary objection filed by the respondent challenging the competency of the instant appeal on the ground that the appeal arose from a defective writ of summons and statement of claim because they were not signed by a Legal Practitioner.
HELD
Preliminary objection upheld and the substantive appeal struck out
ISSUES
1.Whether the Writ of Summons and the Statement of Claim, Exhibits SKYE 1 and 3 annexed to the affidavit in support of the preliminary objection, not being signed by a legal practitioner, are by virtue of that defect incapable of maintaining suit No. LD/1850/2005.?
RATIONES DECIDENDI
CASE LAW – IMPORTANCE OF
“The Court remains bound by its previous decisions where the facts and the laws considered in the earlier cases are the same or similar in the cases being subsequently determined.” PER MUHAMMAD, JSC
CASES CITED
Mohammed Mari Kida v. A.D Ogunmola (2006) 13 NWLR (Pt. 997).Adisa v. Oyinwola (2000) 10 NWLR (Pt. 674) 116
STATUTES REFERRED TO
NONE