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CHIEF CHRISTOPHER ODETOLA & ORS v. DAUDA OKEOWO

(2017) JELR 37286 (CA)

Court of Appeal  •  CA/L/240/2012  •  27 Feb 2017  •  Nigeria

Coram
JOSEPH SHAGBAOR IKYEGH JCA; BIOBELE ABRAHAM GEORGEWILL JCA; UGOCHUKWU ANTHONY OGAKWU JCA;

Judgement

UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering the Leading Judgment): The Respondent as Claimant before the lower Court instituted an action against the Appellants claiming special and general damages for breach of contract. The writ of summons was issued by A.A. Omoyinmi and Co., a law firm. The Statement of Claim was also settled by A.A. Omoyinmi and Co. Subsequently, with leave of Court, the Respondent amended his writ of summons and statement of claim. The amended processes were also issued and settled by A.A. Omoyinmi and Co. Upon the close of pleadings, the matter proceeded to hearing. After the Claimant had closed his case, the Appellants, being the Defendants at the lower Court, filed a notice of preliminary objection contending that the Claimant's suit was incompetent on the grounds that the suit was filed in the name of A.A. Omoyinmi and Co., a law firm and not in the name of a Legal Practitioner and that the said law firm of A. A. Omoyinmi and Co.; is not a legal practitioner…

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