Mr. Augustine Arueze & Ors V. Chief Mike A. Nwaukoni (2018)

LAWGLOBAL HUB Lead Judgment Report

SIDI DAUDA BAGE, J.S.C.

This appeal is brought by the Appellants/Cross Respondents and the Cross-Appeal brought by the Respondent/Cross-Appellant are against the judgment of the Court of Appeal, Benin Division delivered on 12th July 2010 in Appeal No. B/CA/94/2009. The Court of Appeal reversed the judgment of the High Court of Delta State, Ogwashi-Uku Division (‘the trial Court) delivered on 20th March 2008 in favour of the Appellant/Cross Respondents in Suit No. O/9/2005. The lower Court however made some findings against the Respondent as laid-out at pages 464-542 and at 712-760 of the Record of Appeal for the two judgments respectively.

The Appellants/Cross-Respondents expressed dis-satisfaction with the judgment of the Court of Appeal and filed a Notice of Appeal dated 13th July 2010 and an amended Notice of Appeal deemed 15th June 2017 against the decisions of Court of Appeal. The Respondent/Cross-Appellant who was the Appellant at the Court of Appeal is also not totally satisfied with some parts of the judgment wherein the Court of Appeal held that the suit that

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culminated in the instant was properly constituted notwithstanding that all the families interested/affected in the subject matter of the suit (the chieftaincy title) were not joined as parties in the suit. The grievances of the Respondent’s Cross-Appeal are contained in the `Notice of Cross Appeal’ filed 4th November 2012 and deemed on 15th June, 2017.

SUMMARY OF FACTS:

The suit from which this appeal arose was filed by the Appellants (as Plaintiffs) in a representative capacity on behalf of themselves and their family (Umu-Uti family). The suit sought specific declarations as particularly contained in the Amended Statement of Claim beginning from page 360, particularly at pages 365-366 of the Record of Appeal.

The Cross-Appellant raised a Preliminary Objection on the jurisdiction of this Court to entertain an appeal which emanated from a process not initiated by due process of the Court at trial. The basis of the objection is that the ‘Amended Statement of Claim No.3 filed on the 20th December, 2006 at pages 360-366 of the Record of appeal upon which the trial Court predicated its judgement at page 465

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thereof was signed “for” by a person not disclosed on the process. Having raised a Preliminary Objection, by law and procedure, it takes precedence, and must be determined and resolved before taking further steps in this Judgment.

DETERMINATION OF THE PRELIMINARY OBJECTION

The Respondent/Cross-Appellant has raised an objection to the jurisdiction of this Court which is premised on the fact that the ‘Amended Statement of Claim at pages 366 of the Record of Appeal was signed by an undisclosed person for L.E. Eguakun Esq. for Ewah & Ewa. The Respondent/Cross-Appellant reiterated the principle of law established by this court in OKAFOR VS NWEKE (2007) 10 NWLR (Pt. 1043) Pg, 521 at 531 Para G-H; OKETADE VS ADEWUNMI (2010) 8 NWLR (Pt. 1195) Pg 63 at 74-75 PARA F-A; FBN PLC VS MAIWADA (2013) 5 NWLR (Pt.1348) 444 to the effect that the proper procedure for signing on behalf of somebody else is to disclose the name and identity of the person who signed and for whom it was signed if signed on behalf of another person in chambers- the two names must be disclosed.

The Respondent/Cross-Appellant contends further that the person who signed for L.E.

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