UZO I. NDUKWE-ANYANWU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Ruling of the National Industrial Court, Lagos Division delivered on the 30th day of November, 2011 by Hon. Justices Kanyip, O. A. Obaseki-Osaghae and Agbudu-Fishim, wherein the lower Court struck out the Appellants suit for being incompetent by virtue of the fact that the originating process and other accompanying processes were signed by a person unknown to the Legal Practitioners' Act.
The facts as briefly stated are as follows:
The Appellant commenced this suit by filing a General form of complaint (the originating process) and other accompanying processes on 8th August, 2008 before the lower Court. Upon being served with the Appellant's originating processes, the Respondent filed its statement of defence and counter-claim. After parties have exchanged their pleadings, trial was fixed for the 30th November, 2011. On the date fixed for hearing the Respondent orally raised objection as to th…