Isaiah Atansuyi V. B. O. Kufeji & Ors (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

SIDI DAUDA BAGE, J.C.A. (Delivering the leading Judgment)

The Appellant/Applicants who were Plaintiffs in suit No. LD/2884/93 at the High Court of Lagos State, Lagos Judicial division. The Appellants/Applicants had sought for in the main for the leave of this Court to raise fresh issue as to the jurisdiction of the lower court to entertain the Counter claim of the Respondents/Respondents dated the 7th of March, 1994 at pages 51-56 of the Record of Appeal in this suit and delivered judgment as it did on the 26th of February 2009. The said application is accompanied by a 10 paragraphs affidavit.

GROUND UPON WHICH THE APPLICATION IS BROUGHT

i.That the Respondent/Defendants/Counter Claimant’s Statement of defence and counter claim dated 7th of March 1994 is incompetent as it was not signed by any of the counter claimants and or legal practitioner of their choice but the Law Firm of Lanre Ogunlesi & Co.

ii. That the granting of this application will be in the interest of justice as it would afford the Honourable Court the opportunity to decide all the issues in this case on merit.

The Respondent/Respondent in opposing this application filed a counter affidavit of 8 paragraphs.

In compliance with the order of this Court, learned counsel to the parties each filed Written Addresses with respect to this application E. O. Clegg, Esq., for the Appellant/Applicants Written Address dated 18th June, 2013 in it, a sole issue was posited for declaration to wit:

“Whether upon the averment in the affidavit in support and exhibit are there enough material facts upon which the Honourable Court can grant the prayer herein.”

Learned senior counsel Lanre Ogunlesi SAN, for the Respondent Respondent pursuant to the order of this Court sought and obtained a Written Address in support of the Counter Affidavit dated 6th June, 2013 in opposition to the Motion on Notice dated 5th, April, 2013.

He identified a sole issue for determination to wit:

“Whether having regard to the fact that O. A. Ogunlesi signed the statement of Defence and Counter Claim the issue, the Appellant/Applicant intends to raise as a new issue is on a substantial point of Law.”

In response to the Respondent/Respondents Written Address, learned counsel to the Appellant/Applicant filed a Reply on points of law, dated 27th September, 2013.

Having perused the application and grounds upon which it is anchored, vis-a-vis the issue formulated for determination by each counsel to the parties, I am satisfied that the sole issue formulated by the learned senior counsel to the Respondent/Respondent is apt and will be considered for the determination of this application.

ISSUE FOR DETERMINATION