ALHAJI ABDUL SULEIMAN VS YAKUBU VENTURES & SHOPPING

CORAM

MAHMUD MOHAMMED JUSTICE, COURT OF APPEAL (Read the leading judgement)

OKWUCHUKWU OPENE JUSTICE, COURT OF APPEAL

THERESA NGOLIKA ORJI-ABADUA,  JUSTICE COURT OF APPEAL

PARTIES

ALHAJI ABDUL O. SULEIMANFIXITY INVESTMENT LTD APPELLANTS

YAKUBU VENTURES & SHOPPING COMPLEX LTDYAKUBU HASSAN RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The Plaintiffs/Respondents instituted an action against the Defendants/Appellants at the High Court, Kaduna claiming amongst others a declaration that the relationship between the parties was that of a lender and borrower and not a banker-customer relationship and as such the Defendant/Appellant could not charge banking compound interest not being a licensed money lender. At the conclusion of the hearing, the trial court held that the contract between the parties were void on grounds of illegality and thus, ruled in favour of the Plaintiff/Respondent. The counter-claim of the Defendant/Appellant was also dismissed. The Defendant/Appellant being dissatisfied has therefore appealed on grounds that the statement of claim was not properly filed before the lower court.

HELD

Appeal allowed, Case remitted to lower court for hearing de novo.

ISSUES

1. Whether or not there was a statement of claim properly so filed and called before the lower Court.”?

2. Whether the entire pleadings upon which the suit before the lower Court was tried and determined (i.e. the amended Statement of Claim dated 4 November 2002, the Statement of Defence & Counter Claim dated 8th July 2002 and the Defence to the Counter Claim dated 25th November 2002) are incompetent, null and void ab initio thereby rendering the proceedings of the lower Court conducted thereon and the judgment delivered therein a nullity? (Ground 6)

RATIONES DECIDENDI

ISSUE OF JURISDICTION – RAISING THE ISSUE OF JURISDICTION FOR THE FIRST TIME ON APPEAL IS AN EXCEPTION TO THE GENERAL RULE THAT FRESH MATTERS CANNOT BE RAISED ON APPEAL WITHOUT LEAVE OF COURT.

“Issue of jurisdiction can be raised at any time even on appeal without the leave of the Court. It is an exception to the general rule that fresh matters cannot be raised on appeal without leave of the Court.” PER T. N. ORJI-ABADUA, J.C.A.

UNSIGNED DOCUMENT – AN UNSIGNED DOCUMENT CANNOT BE TENDERED OR GIVEN ANY CONSIDERATION IN COURT.

“An unsigned document in law is worthless valueless, ineffective, insignificant and cannot be accorded any recognition or consideration by the Court. It cannot be acted upon.” PER T. N. ORJI-ABADUA, J.C.A.

SECTION 4(1) OF THE LEGAL PRACTITIONERS ACT – REQUIREMENT FOR A PERSON TO PRACTICE AS A BARRISTER AND SOLICITOR IN COURT

“Any human who did not meet up with the conditions stipulated in section 4(1) of the Legal Practitioners Act, cannot be called to the Bar, and if the person was not called to the Bar, he, cannot, therefore, have his name enrolled. Then, where he is not enrolled, he is not qualified or cannot be entitled to practice as a Barrister and Solicitor in any of the Courts in Nigeria. See the Supreme Court decisions in Okafor vs. Nweke (supra), S.L.B. Consortium Ltd vs. NNPC (supra); F.B.N. Pic vs. Maiwada (2013) 5 NWLR Part 1348 page 444; Alawiye vs. Ogunsanya (2013) 5 NWLR Part 1348 page 570 and Okarika vs. Samuel (2013) 7 NWLR Part 1352 page 19.” PER T. N. ORJI-ABADUA, J.C.A

CASES CITED

STATUTES REFERRED TO

1. Kano State High Court (Civil Procedure) Rules

2. Legal Practitioners Act.

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