A.A. Dehinsilu V. Mondec Pharmacy Ltd (2008)

LawGlobal-Hub Lead Judgment Report

AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A.

This is an appeal against the Ruling delivered on 15th November, 2004 In Suit No. FCT/HC/CV/918/2001; by U.I. Ndukwe-Anyanwu, J; (as he then was) of the High Court of the Federal Capital Territory, Abuja.

The learned Judge of the lower court having held that the court lacked the jurisdiction to entertain the instant case as the Plaintiff lacked locus standi, struck out the same for lack of merit. The Plaintiff, (who will hereinafter be simply referred to as the “the Appellant”) being dissatisfied with the Ruling of the lower court, has appealed to this Court against the same.

There are two Records of Appeal in this matter. These are the main Record of Appeal and the Supplementary Record of Appeal. The sequence of events in the case as gathered from both Records put briefly are that by a motion ex-parte dated 10/9/2002 and filed on the same day, Glaxo Wellcome Nigeria ltd and A.A. Dehinsilu as Applicants applied for the leave of the lower court to bring the instant action against the Mondec Pharmacy Limited under the Undefended List. The Applicants also sought in the said motion for an order deeming the Writ of Summons attached thereto as having been properly filed. In the Enrolled Order of the lower court, only A.A. Dehinsilu was indicated as the Plaintiff/Applicant; and therein the lower court is shown to have granted the said Applicant leave to file and serve the writ in this case under the Undefended list. All the other processes in the suit were also ordered to be so marked. (See pages 1 – 10 of the main Record).

Upon the service on the Defendant, of the processes filed by the Plaintiffs under the Undefended List, the said Defendant on 17/1/2003 filed a Notice of Intention to Defend the Suit; and Affidavit in support of the said Notice. Various Exhibits were attached thereto. (See pages 11- 16 of the main Record). On 25/4/2003 the Defendant filed a Statement of Defence and Counter-Claim in the case; and an Amended Statement of Defence and Counter-Claim was subsequently filed. (See pages 17-22 and 39-44 respectively of the main Record). A Statement of Claim; and Reply to Statement of Defence and Counter-Claim were equally filed in the case on 26/3/2003 and 20/4/04 respectively. (See pages 31-32 and 45-49 of the main Record). The only party shown as the Plaintiff in these processes is “A.A. Dehinsilu”. The Notice of Preliminary Objection dated 27th September, 2004 and filed on the same day by the Defendant (see pages 71-72 of the main Record), resulted in the Ruling of the lower court now on appeal. In the said Notice of Preliminary Objection, the Respondent gave notice to the Plaintiff that at the hearing of the instant suit, it will urge the Court to dismiss or strike out the same for being incompetent on the grounds that (1) the Plaintiff/Respondent does not have the locus standi to institute or maintain the action; and (ii) the Honourable Court lacks the jurisdiction to entertain the suit. An Affidavit in support of the Notice of Preliminary Objection with Exhibits attached thereto accompanied the Notice of Preliminary Objection. (see pages 73-94 of the main Record). The Ruling of the lower court is at pages 95-99 of the main Record.

The Appellant appealed to this Court against the Ruling of the lower court delivered on 15th November, 2004 vide a Notice of Appeal dated 24th November, 2004 and filed on the same day. The Notice of Appeal contains three grounds of appeal. The grounds of appeal without their respective Particulars read thus: –

” GROUND I

The learned trial judge erred in law by looking at the Statement of Defence and documents exhibited in an affidavit to hold that the Appellant lacks locus standi and that the Plaintiff has no cause of action.

GROUND II

The learned trial judge erred in law when he held as follows:

“The Plaintiff as an agent of Glaxo Welcome Nigerian Limited must have authority to sue on their behalf to recover all debts owed it by their customers. This, the Plaintiff has not been able to show”.

GROUND III

The learned trial judge erred in law when he held that:

“Having failed to show the nexus between Plaintiff, defendant and Glaxo Welcome Nigeria Limited, the court would be right to hold that the Plaintiff lacks the locus standi to maintain the action against the defendant”.