CASE TITLE: Brilla Energy LTD & ORS v. AMCON (2023) LPELR-60493(CA)
JUDGMENT DATE: 23RD JUNE, 2023
PRACTICE AREA: PRACTICE AND PROCEDURE
LEAD JUDGMENT: MUHAMMAD IBRAHIM SIRAJO, J.C.A.
SUMMARY OF JUDGMENT:
INTRODUCTION:
This appeal borders on the issue of signing a writ of summons.
FACTS:
The appeal is against the ruling delivered by the Federal High Court, Lagos.
The respondent instituted an action at the Federal High Court, Lagos, against the appellants, in order to recover the outstanding debt owed to the defunct Afri Bank. The suit was filed under the undefended list, and the appellants filed a notice of intention to defend. The Court proceeded with the suit and entered judgment for the Respondent in terms of its reliefs before the Court.
By a motion on notice, Appellants sought an order of the Court setting aside its judgment and dismissing the Respondent’s suit, on the ground that the Writ of Summons initiating the suit was incompetent, as same was neither signed by a Legal Practitioner nor the Plaintiff, which renders the judgment of the Court a nullity for want of jurisdiction. The Court heard the motion and dismissed same. Dissatisfied, the appellants appealed to the Court of Appeal.
ISSUES:
The issues for determination were:
1. Whether the lower Court was not in error in holding that the non-signing of the writ of summons dated 18 October 2012 was a mere irregularity which could be waived?
2. Considering the facts and circumstances of the case, particularly the notice of appeal dated 12 April 2013, whether the lower Court was not in error when it held that the appellant’s application dated 8 May 2013 amounts to an abuse of Court process?
DECISION/HELD:
The Court allowed the appeal and struck out the suit of the respondent at the trial Court.
RATIOS:
- PRACTICE AND PROCEDURE – SIGNING OF COURT PROCESS(ES) – Effect of failure of the claimant or his legal practitioner to sign writ of summons; whether it is a procedural irregularity that can be waived
- PRACTICE AND PROCEDURE – SIGNING OF COURT PROCESS(ES) – Guideline on how Court process(es) are to be signed; whether the name of counsel who issued the process suffices as a signature
- PRACTICE AND PROCEDURE – SIGNING OF COURT PROCESS(ES) – Proper person to sign Court processes and effect of non-compliance
- PRACTICE AND PROCEDURE – SIGNING OF COURT PROCESS(ES) – Whether the failure of a legal practitioner to sign a writ of summons is a mere irregularity
