May 18, 2025
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 […]
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?
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