Royal United Nigeria Limited V. Sterling Bank Plc (2008)

LawGlobal-Hub Lead Judgment Report

ADZIRA GANA MSHELIA, J.C.A.

This is an appeal against the judgment of Hon. Justice R.I.B. Adebiyi of the High Court of Lagos delivered on the 21st day of May, 2003 dismissing the claims of the (Plaintiff) now the appellant herein.

The appellant as plaintiff at the High Court Lagos brought a claim against the respondents as defendants jointly and severally claiming the following reliefs:

(i) The sum of N376,000.00 (Three hundred and seventy-six thousand naira) being the value of an Inland Bank (Nig) Plc Certified Cheque No 05286 dated 15th March, 1999 issued in favour of the Plaintiff.

(ii) N1,000,000.00 (One million naira) as damages for fraudulent conversion of the said Certified Cheque by the Defendants

(iii) interest at the rate of 21% per annum from the 1st day of November, 1999 until judgment and thereafter at 20% per annum until final payment.”

At the completion of hearing the trial court gave judgment in favour of the respondents. Being dissatisfied with the judgment of the lower court, appellant filed Notice of Appeal dated the 27th June, 2003 which contained two grounds of appeal. Pursuance to the Practice and Procedure of this court, briefs of argument were filed and exchanged by respective counsel.

When the appeal came up for hearing on 16/10/08 appellant’s counsel Rotimi Rhodes adopted appellant’s brief of argument. While 1st respondent’s counsel U. Udom adopted 1st respondent’s brief filed on 24/2/05.

In the course of hearing the appeal the court observed that the Notice of Appeal was purportedly signed by Rhodes and Rhodes. The court called upon appellant’s counsel to address us as to the competency of the appeal in the light of the recent decision of the Supreme Court. The Notice of Appeal which appeared on pages 57 – 59 of the printed record was signed by Rhodes and Rhodes. Appellant’s counsel conceded that the name Rhodes and Rhodes is not a name of a legal practitioner appearing on the roll but he signed as O. Rhodes which cures the defect. Respondent’s counsel on the other hand submitted that his understanding of the authority is that the notice of appeal should be signed by a legal practitioner. He contended that appellant’s counsel signed O. Rhodes which bears the name of an individual.

The issue as to whether the appeal is competent or not, has to be resolved first before considering its merit. I have earlier stated that the notice of appeal initiating this appeal is dated 27th June, 2003 and is contained at pages 57 – 59 of the printed record. I have carefully examined it. The notice of appeal was endorsed as follows:-

“O. Rhodes

RHODES & RHODES

APPELLANT’S COUNSEL

NO.3 EMINA CRESCENT