CORAM
PARTIES
N.D.I.C. (CENTURY MERCHANT BANK LTD) APPELLANTS
THOR LIMITEDJOSEPH RAAD RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Appellant filed an originating process at the Federal High court against the Respondents as Defendant in the Federal High Court. At the trial, the court raised the issue suo muto that the originating process was signed by the secretary other than the legal practitioner in violation of the provision of Section 24 of Legal Practitioners Act 1975 and thereby called for address of parties on the issue. Following this, the Plaintiff/Respondent filed a motion to amend all the processes including the Originating process for the sole reason that the procedure at the Failed Bank Tribunal was to indicate the name of Applicant. The Respondent’s counsel filed a Counter Affidavit, that the processes were defective that it should have been signed in the name of a legal practitioner and therefore offends the Legal Practitioners Act, 1975. The Appellant’s counsel contended that the process was signed by NDIC in accordance or compliance with Section 11 of Failed Bank (Recovery Debts) and Financial Malpractices in Bank Decree Act No. 18 of 1994, since it was the Act that regulated the procedure for filing matters at the Failed Banks Tribunal at the time the suit was instituted in 1997. After due consideration of the arguments of both parties the court entered judgment in the favour of the Respondent and found the process defective. Dissatisfied with the ruling of the trial court, the Appellant have appealed to this Court.
HELD
Appeal Allowed
ISSUES
? Whether the dismissal of the suit was wrongful for erroneously declaring the Originating Process incompetent as being in non-compliance with the Legal Practitioners Act, 1975 without considering the applicable provision of the failed Banks (Recovery of Debts) and financial malpractices in Banks Decree (Act) No: 18 of 1994 and Tribunal Certain Consequential Amendment etc decree No: 62 of 1999?
RATIONES DECIDENDI
CASES CITED
STATUTES REFERRED TO
Failed Banks (Recovery of Debts) and Financial malpractices in Banks Decree (Act) No: 18 of 1994Legal Practitioners Act 1975Tribunal Certain Consequential Amendment etc decree No: 62 of 1999
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