FIRST BANK OF NIGERIA PLC. V. ALDAR & COMPANY LTD. & ANOR

NONYEREM OKORONKWO, J.C.A. (Delivering the Leading Judgment): The appeal herein relates to the ruling of the Hon. Justice O.A. Boade of the High Court of Oyo State whereby the Preliminary Objection of the appellant to the competence of the suit and jurisdiction of the Court was dismissed. Against the dismissal, the appellant who was defendant in that Court filed this appeal.

Upon the matter coming up, the issue was raised whether the Writ of Summons and the Statement of Claim signed by a law firm as Sanni and Co. is competent.

This is a threshold issue and arguments were taken thereon, it was argued thus for appellants thus:

Furthermore, it is a legal practitioner whose name appears on the Rolls of Legal practitioner that can issue and sign a legal process to initiate proceedings in Nigeria Court.

We humbly refer this Honourable Court to the provisions of Section 2 (1) of the Legal Practitioner Act Cap. 297, Laws of the Federation of Nigeria and the following cases:-

(1) OKAFOR V. NWEKE (2…