Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(2003) JELR 44877 (SC)    

Supreme Court  ·  SC.305/2002 ·  17 Oct 2003 ·  Nigeria
Other Citations
FAMFA OIL LTD. v. A.G. FEDERATION (2003) 18 NWLR (PT.852)453 (2003) 9-10 S.C. 31
Famfa Oil Ltd. v. A.-G., Fed. (2003) 18 NWLR (Pt. 852) 453
SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria AKINTOLA OLUFEMI EJIWUNMI Justice of The Supreme Court of Nigeria DENNIS ONYEJIFE EDOZIE Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
originating summons
court of appeal
federal high court
lower court
trial court
civil procedure
miscarriage of justice
preliminary objection
rules of court
1st respondent
leading judgment
present case
registrar of the court
federal high court rules
mere irregularity
said summons
correct answer
learned trial judge
trial judge
above observation of okeke
above section of the rules
administrative error of a court official
aforesaid registrar
circumstance of this case
correct procedure
court of trial
following issues
hearing of the preliminary objection
high courts of nigeria
instant case
line of argument
nigerian national petroleum corporation
originating summons null
procedure of the supreme court
rules of federal high court
senior advocate
signature of the registrar
s. m. a. belgore
such initial stage of the proceedings
support of the issues
technical error
trial federal high court
unexplained reason
uniform rules of court order
uniform rules of high courts

S. M. A. BELGORE, J.S.C. (Delivering the Leading Judgment): The appellant was plaintiff at the trial Federal High Court, Abuja Division. It took out an Originating Summons ostensibly under Order 7 Rule 8 of the Federal High Court Rules 2000. That Rule provides:

"An Originating Summons is issued upon its being signed by a judge in chambers."

Due to an unexplained reason, the Originating Summons sent to the defendants (now respondents) was not signed by the judge, rather, a registrar of the court by name Ojo, signed the summons. When the Originating Summons as signed by the aforesaid registrar was served on the respondents, the 1st respondent, the Attorney-General of the Federation, reacted by entering an unqualified appearance. The Nigerian National Petroleum Corporation, 2nd respondent herein, through its counsel, Abdullahi Ibrahim and Co., raised preliminary objection attached to its conditional appearance as follows:

"That the suit is improper and incompetent and should accordingly …

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