Chief Ajibola Aribisala San V. Asset Management Corporation of Nigeria (2008)

LawGlobal-Hub Lead Judgment Report

JAMILU YAMMAMA TUKUR, J.C.A.

This is an appeal against the Ruling of the Federal High Court Lagos Division in SUIT NO: FHC/L/CS/513/2015 delivered by Honourable Justice M.B Idris on 2nd July, 2015, wherein the Court delivered a Ruling in favour of the Respondent.

The material facts of the proceedings culminating in this appeal are that the Respondent instituted an action vide a Writ of Summons dated 15th April, 2015, seeking certain reliefs against the Appellant revolving around dissatisfaction with the Appellant?s Receivership of the Delta Steel Company Plc.

Upon the service of the Writ of Summons and other requisite processes on the Appellant, the Appellant filed a Memorandum of Conditional Appearance dated 5th June 2015, and an application essentially seeking an order of the lower Court striking out the suit on the ground of lack of jurisdiction based on an invalid Writ of Summons.

?In a Ruling dated 2nd July, 2015, the learned trial Judge found that the Writ of Summons was valid; properly signed by Dr Joseph Nwobike SAN, as legal practitioner for the

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Respondent; and the placing of the signature on the third page of the Writ of Summons amounted to a permissible modification to the form of Writ of Summons. He consequently refused to strikeout the Writ of Summons and the suit.

Dissatisfied with the above, the Appellant appealed to this Court vide a Notice of Appeal dated 14th July, 2015, and filed on 15th July, 2015.

The Appellant?s 2nd Amended Brief of Argument settled by Tayo Oyetibo SAN, is dated 23rd May, 2018 and filed on 25th May, 2018, but deemed as properly filed on 22nd October, 2018. Appellant?s Reply Brief is dated and filed on 11th October, 2018, but deemed as properly filed on 22nd October, 2018.

Appellant?s counsel formulated a sole issue for determination to wit:
Whether the lower Court was not wrong in law in holding that it has jurisdiction to entertain the suit when the Writ of Summons by which the suit was commenced was not properly signed by the Respondent or its legal practitioner.

On the other hand, the Respondent?s Brief of Argument settled by Kunle Gbolahan, Esq., is dated and filed on 2nd October, 2018, but deemed properly filed on 22nd October, 2018.<br< p=””

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Respondent?s counsel also formulated a sole issue thus:
Whether the writ of summons by which the Respondent commenced Suit No: FHC/L/CS/513/2015: Asset Management Corporation of Nigeria v. Chief Ajibola A. Aribisala, SAN is competent in law.