PRACTICE AND PROCEDURE – SIGNING OF COURT PROCESS(ES) – Effect of an improperly signed Court process(es)
“I am in agreement that as the state of the law stands, the preliminary objection of the Respondent must be sustained and the appeal has to be struck out. I am reluctantly bound by the rule of stare decisis to follow the settled position of this Court that it is a matter of substantial law that any originating process or any process for that matter that violates Section 2(1) and Section 24 of the Legal Practitioners Act has robbed the Court of jurisdiction and whatever decision consequent on such violation would be a nullity. See OKAFOR V NWEKE (2007) 10 NWLR Pt. 1043 Pg. 521 and the plethora of authorities of this Court on that issue.” Per HELEN MORONKEJI OGUNWUMIJU, JSC in YONGO & ORS v. HAANONGON & ORS (2022-LCER-46535-SC) (Pp 19 – 20; Paras D – B)
Facts
This is an appeal against the judgment of the Court of Appeal, Makurdi Judicial Division.
The appellants by Writ of Summons and Statement of Claim instituted the action before the High Court of Benue State claiming for declaration of title to land among other claims.
On her part, the 1st respondent counter-claimed for trespass and perpetual injunction. At the conclusion of the hearing, the trial Court dismissed the appellants’ case and granted the counter-claim of the 1st respondent. The appellants’ case on appeal was also dismissed and the judgment of the trial Court was affirmed. Dissatisfied, the appellants appealed to the Supreme Court. The Respondent at the Supreme Court raised a Preliminary objection challenging the competence of the appeal.
Issues
The Preliminary Objection was determined on a lone issue viz: “Whether the learned trial Judge had jurisdiction to entertain the suit when the Writ of Summons and Statement of Claim dated and filed on 24/10/2001 were signed by Albert Yawe & Co in breach of the provisions of Sections 2(1) and 24 of the Legal Practitioners, 1975.”
Lead Judge(ment)
ADAMU JAURO, J.S.C. (Delivering the Leading Judgment)
Held
In a unanimous decision, the Preliminary Objection was upheld and the appeal was struck out for want of competence.
Alternate Citations
(2022) LPELR-57282(SC)
Full Judgment
Counsel:
HELEN M. GBOR, ESQ.
For Appellant(s)
JOHNNY AGIM, ESQ.
for 1st Respondent
MATHIAS IKYAV, ESQ., Senior State Counsel, Ministry of Justice, Benue State –
for 2nd and 3rd Respondents
For Respondent(s)
For Appellant(s)
For Respondent(s)
Counsel’s Photograph(s) Needed.