CASE TITLE: AL-MASMOON SECURITY LTD v. PIPELINES & MARKETING PRODUCTS CO. LTD (2022) LPELR-56859(SC)
JUDGMENT DATE: 28TH JANUARY, 2022
PRACTICE AREA: PRACTICE AND PROCEDURE
LEAD JUDGMENT: KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.S.C.
SUMMARY OF JUDGMENT:
INTRODUCTION
This appeal borders on signing of Court process.
FACTS
The appeal is against the decision of the Court of Appeal Abuja Division delivered on the 12th day of June, 2015.
The facts grounding the appeal are that, the Appellant herein was providing security for the Respondent in Kaduna and its pipelines pump station in Zaria. The agreement was terminated by the Respondent and the Appellant commenced action at the trial Court challenging the termination. The Respondent filed preliminary objection contending that the Appellant must serve it pre-action Notice being an agency of the NNPC, the trial Court disagreed, the Respondent therefore appealed to the Court of Appeal where the Court of Appeal agreed that it was necessary to serve the Respondent pre-action Notice and therefore struck out the action for incompetence.
The Appellant became aggrieved and therefore brought this appeal.
The Respondent filed Notice of preliminary objection contending that the Notice of appeal was not properly signed and the grounds of appeal are grounds of mixed law and facts, the Appellant therefore needed leave of Court to bring the appeal. The learned Counsel for the Respondent therefore argued that the appeal was not initiated by due process.
ISSUES FOR DETERMINATION
The Court considered the grounds of the preliminary objection.
DECISION/HELD
In the final analysis, the preliminary objection succeeded and the appeal was struck out for being incompetent.
RATIOS:
- PRACTICE AND PROCEDURE – SIGNING OF COURT PROCESS(ES): Proper person/manner to sign a Court process; effect of a Court process signed by an unknown person
- PRACTICE AND PROCEDURE – SIGNING OF COURT PROCESS(ES): What “pp” signifies in a document
- PRACTICE AND PROCEDURE – SIGNING OF COURT PROCESS(ES): What “pp” signifies in a document; effect of a notice of appeal signed by an unnamed/unknown proxy
- PRACTICE AND PROCEDURE – SIGNING OF COURT PROCESS(ES): Effect of notice of appeal/cross-appeal signed by an unidentified legal practitioner
