UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering the Leading Judgment): The Respondent as Claimant before the lower Court instituted an action against the Appellants claiming special and general damages for breach of contract. The writ of summons was issued by A.A. Omoyinmi and Co., a law firm. The Statement of Claim was also settled by A.A. Omoyinmi and Co. Subsequently, with leave of Court, the Respondent amended his writ of summons and statement of claim. The amended processes were also issued and settled by A.A. Omoyinmi and Co. Upon the close of pleadings, the matter proceeded to hearing. After the Claimant had closed his case, the Appellants, being the Defendants at the lower Court, filed a notice of preliminary objection contending that the Claimant's suit was incompetent on the grounds that the suit was filed in the name of A.A. Omoyinmi and Co., a law firm and not in the name of a Legal Practitioner and that the said law firm of A. A. Omoyinmi and Co.; is not a legal practitioner…
ODETOLA & ORS
V.
OKEOWO
(2017) JELR 37286 (CA)
Court of Appeal 27 Feb 2017 Nigeria
BriefBot Summary
- The Respondent filed a suit for breach of contract, with originating processes (writ of summons and statement of claim) issued and signed by "A.A. Omoyinmi and Co.", a law firm, rather than by a named legal practitioner. - After the Claim
Case Details
Suit Number:CA/L/240/2012
Judges:JOSEPH SHAGBAOR IKYEGH Justice of The Court of Appeal of Nigeria
BIOBELE ABRAHAM GEORGEWILL JCA
UGOCHUKWU ANTHONY OGAKWU JCA
Counsel:D. O. Ozoma, Esq. For the Appellant ;
Respondent absent and not represented by Counsel.
There's more. Sign in to continue reading.
judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.