Alhaja Risikatu Dawodu & Ors V. Mrs. Mufutiat Balogun & Anor (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

UZO I. NDUKWE-ANYANWU, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the High Court of Lagos State delivered on the 6th of March, 2008.

The appellants as claimants in the lower court commenced this suit claiming a declaration to the property situate at 12/14, Agoro Street Ereko, Lagos State, possession and damages for destruction of properties and perpetual injunction against the present respondents.

The appellants called four (4) witnesses in proof of their case. The respondents called 2 (two) witnesses. At the end of the trial, the trial Judge dismissed the appellants’ suit and gave judgment declaring that the respondents were entitled to their claim. Being dissatisfied, the appellants appealed with a notice of appeal containing five (5) grounds.

The appellants filed their amended appellants’ brief on the 20th of November, 2013 and an appellants’ reply brief on the 5th of December, 2014 but deemed properly filed and served on 15th October, 2015.

The respondents filed their brief on the 23rd December, 2013. At the hearing of this appeal, both counsel adopted their briefs in urging the court to allow or dismiss this appeal

according to their various briefs.

The court however, drew the attention of the appellants’ counsel to his writ dated the 10th of June, 1997 but filed on the 12th of June, 1997 particularly found on page 2 of the record of appeal.

On the writ, the law firm of M.A. Bashua & Co. signed. The court therefore asked both counsel to address it on the status of the writ. The learned counsel for the appellant prayed to leave it at the courts discretion. The learned counsel for the respondents referred the court to the locus classicus on this issue of signing signatures i.e Okafor v. Nweke (2007) 10 NWLR Pt 1043 pg 521, (2007) 3 SC Pt 11 Pg 55 and urged the court to dismiss this appeal, it being incompetent.

The writ is as seen in the record of appeal:

Signed

M. A. Bashua & Co.

Plaintiffs Solicitors

216, Bamgbose Street