MCVEIL INVESTMENT LIMITED & ANOR V. ABIOLA OLUFUNMILAYO OFOLUE

CHINWE EUGENIA IYIZOBA, J.C.A. (Delivering the Leading Judgment): This is an appeal against an interlocutory Ruling of Opesanwo J. of the High Court of Lagos State in Suit No. ID/776/2006 delivered on the 30th day of January, 2012. The Respondent as Claimant at the Court below initiated an action by a writ of summons dated 20th June, 2006 against the Appellants as Defendants. The said writ of summons was accompanied (in compliance with Order 3 Rule 2 of the High Court of Lagos State (Civil Procedure) Rules 2004 with requisite frontloaded documents, to wit, the statement of claim, list of witnesses and list of exhibits.

The writ of summons was prepared and signed by one Ogundiji Osazee Melody, Esq., a Legal Practitioner in the law firm of Messrs Enitan Associates but the Statement of claim and other front loaded documents were signed by the law firm 'Enitan Associates'.

The Appellants entered appearance and filed their statement of defense and counter-claim. Trial subsequently commenced.…