Camac Nigeria Limited V. Sabaco Limited (2016)

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 Ruling/decision of the High Court of Lagos State delivered on the 1st day of November, 2010 by Hon. Justice K. A. Jose.

The Respondent as Claimant took out a Writ of Summons against the Appellant as Defendant claiming the following reliefs:-

1. An Order of this Honourable Court mandating the Defendant to pay the sum of N82,800,000.00 (Eighty Two Million Eight Hundred Thousand Naira Only) to the Claimant being arrears of rent and the value for the use and occupation of the Claimant’s property lying and situate at No. 68, Molade Thomas Street, Victoria Island, Lagos from June 1998 to April 2009.
2. The cost of instituting and prosecuting this suit.

In response, the Appellant entered conditional appearance and filed its Statement of Defence. In addition to its Statement of Defence, Counsel also filed a motion for dismissal of the suit on the following grounds:

?a. That the Originating processes in Suit No. LD/409/2010 the Writ of Summons, Statement of Claim, List of Witnesses and List of Documents all dated and filed by

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the Respondent on the 2nd day of March, 2010 were signed for R. O. Atabo, Esq without the name of the signatories being stated as required by law.

b. That the above processes were served on the Defendant without any of them being signed by R. O. Atabo, Esq.

c. That it is by evidence that whoever signed for R. O. Atabo, Esq can be unraveled.

?Replying the motion for dismissal, the Respondent’s Counsel filed a counter-affidavit and written address wherein she contended that the processes were signed by a counsel on behalf of her principal, whose signature is not in dispute. She thus urged the lower Court to dismiss the motion.

In its ruling, the learned trial judge held that the Writ of Summons and Statement of Claim as filed by the Respondent did not violate the express provision of Section 2(1) and 24 of the Legal Practitioners Act Cap 207, Laws of the Federation of Nigeria, but struck out the lists of witnesses and documents as she held that same ran foul of the Legal Practitioners? Act and ordered the Respondent’s Counsel to refile same.

?The Appellant being dissatisfied with the ruling has brought this

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appeal. The appeal was heard on the following briefs; 1) the Appellant’s brief of argument dated 11th day of February, 2011 and filed the same date; 2) the Respondent’s brief of argument dated 4th day of July 2011 and filed on 5th day of July, 2011 but deemed properly filed on 10th day of May, 2013 and 3) the Appellant’s reply brief dated 18th day of April, 2013 and filed on the same date.