Legalpedia Citation: (2012) Legalpedia (SC) 90169

In the Supreme Court of Nigeria

Fri May 25, 2012

Suit Number: SC.269/2005

CORAM

CORAMDAHIRU MUSDAPHER JUSTICE, SUPREME COURT

CHRISTOPHER MICHELL CHUKWUMA-ENEH JUSTICE, SUPREME COURT

PARTIES

1. FIRST BANK NIGERIA LIMITED & ANORANDALHAJI SALMAN MAIWADA2. FRANPHINO PHARMACEUTICAL LTD APPELLANTS

ALHAJI SALMAN MAIWADA & ORS

RESPONDENTS 

AREA(S) OF LAW

SUMMARY OF FACTS

The plaintiff at the trial court sought declaratory reliefs in respect of landed property in Jos; setting aside of warrant of possession and damages in the sum of =N= 1,000,000:00 against the defendants for trespass.?

HELD

Appeal dismissed.

ISSUES

1.Whether a court process not personally signed by a legal practitioner duly registered in the roll of this court as dictated by the applicable provisions of the Legal Practitioners Act is valid or competent.?

RATIONES DECIDENDI

PURPORT OF SECTIONS 2(1) AND 24 OF THE LEGAL PRACTITIONERS ACT

“In my considered opinion, the words employed in drafting sections 2 (1) and 24 of the Act are simple and straightforward. The literal construction of the law is that legal practitioners who are animate personalities should sign court processes and not a firm of legal practitioners which is inanimate and cannot be found in the roll of this court.”- Per J.A. Fabiyi J.S.C.

PURPORT OF SECTIONS 2(1) AND 24 OF THE LEGAL PRACTITIONERS ACT

“In my considered opinion, the words employed in drafting sections 2 (1) and 24 of the Act are simple and straightforward. The literal construction of the law is that legal practitioners who are animate personalities should sign court processes and not a firm of legal practitioners which is inanimate and cannot be found in the roll of this court.”- Per J.A. Fabiyi J.S.C.

CASES CITED

Okafor v Nweke (2007) 10 N.W.L.R (Pt. 1043) 521Ibrahim v Barde (1996) 9 NWLR (Pt. 474) 513U. A. Ventures v FCNB (1998)  4 NWLR (Pt. 547) 546IBWA v IMANO (Nig) Ltd. & Anr. (1988) 2 NSCC 245.Transbridge Co. Ltd. V Survey International ltd (1986) 4 NWLR (Pt. 37) 578Okotie Eboh v Manager (2005) 2 MJSC 125

STATUTES REFERRED TO

Sections 2(1)and 24 Legal Practitioners Act

Sections 574 and 575 of the Companies and Allied Matters Act?

 

CLICK HERE TO READ FULL JUDGMENT