L.M. ERICSSON NIG. LTD. V. AQUA OIL NIG. LTD.

MOHAMMED LAWAL GARBA, J.C.A. (Delivering the Leading Judgment): The Respondent had taken out a writ of summons dated 31/7/07 on which were endorsed claims for money owed and due payable by the Appellant out of the Registry of the Federal Capital Territory High Court. The suit was later placed under the undefended list and the processes served on the Appellant accordingly, who in reaction filed a notice of preliminary objection dated 22/2/08 as well as a notice of intention to defend the suit. The grounds of the preliminary objection were that:-

"(i) The Appellant acted to the knowledge of the Respondent as an agent to NITEL; and

(ii) It is a settled principle of law that an agent of a disclosed principal incurred no liability and cannot be sued"

After hearing addresses by the learned Counsel for the parties on the preliminary objection, the Federal Capital Territory High Court (to be called simply as the High Court hereafter) in a ruling delivered on the 31/10/08 held inter alia that:

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