Dr. Bolaji Akinsanya & Anor V. Federal Mortgage Finance Limited (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ADZIRA GANA MSHELIA, J.C.A. (Delivering the Leading Ruling)

The appellants/applicants, by a motion on notice dated 19/4/10 and filed same date sought for any of the following:

“1. An order of this Honourable Court granting leave to the Appellants/Applicants to regularize the Notice of Appeal dated the 6th day of November, 2006 by inserting the name of Mrs. P. A. Majemite-Dare being the Legal Practitioner who signed the Notice of Appeal for and on behalf of Chief B.O. Benson (SAN) as shown in Exhibit A attached hereto.

Alternatively:

An order to this Honourable Court granting leave to the Appellants/Applicant to amend the Notice of Appeal dated the 6th day of November 2006 as shown in Exhibit ‘A’ attached hereto.

2. AN ORDER of this Honourable Court granting leave to the Appellants/Applicants to file supplementary records of Appeal as shown in Exhibit ‘B’.

AND FOR SUCH FURTHER ORDERS that this Honourable Court may deem fit to make in the circumstances”.

The motion is supported by 16 paragraphs affidavit deposed to by one Oladehinde A. Azeez a legal practitioner in the firm of B. O. Benson Law offices counsel to the Appellant/Applicants.

In arguing the application learned counsel Senior Counsel submitted that the application was brought to regularize the Notice of Appeal dated the 6th day of November 2006 by inserting the name of Mrs. P. A. Majemite-Dare being the Legal Practitioner who signed the Notice of Appeal for and on behalf of Chief B. O. Benson (SAN) as shown in Exhibit ‘A’ attached hereto. The learned Senior Counsel conceded that the Notice of Appeal was signed on his behalf. It was however his contention that the situation in the case of Okafor v. Nweke (2007) 3 SC (Pt. 11) 55 is different from the case at hand. He argued that in the case at hand B. O. Benson (SAN) is a Legal Practitioner and the person who signed on his behalf is also Legal Practitioner. Whereas in Okafor v. Nweke (supra) the process was signed in the name of a law firm who is not a legal practitioner recognized by the law.

The notice of Appeal dated and filed 6th November 2006 sought to be amended had the endorsement as follows:

” Sgd.

F Chief B.O. Benson SAN

Appellant’s Counsel

B. O. Benson Law Office

50, Ogunlana Drive