WALTER SAMUEL NKANU ONNOGHEN, JSC (Delivering the Leading Judgment): This is an appeal against judgment of the Court of Appeal Holden at Lagos in appeal NO. CA/L/31/2005 delivered on the 20th day of May, 2008 in favour of the respondent who was the defendant at the court of trial.
Both counsel for the parties have filed their briefs of argument which were adopted and relied upon at the hearing of the appeal on the 1st day of February, 2011.
The learned Senior Counsel for the respondent, Olawale Akoni, Esq, SAN raised a preliminary objection which was argued in the respondent's brief filed on 9th June, 2009. The substance of the objection is that the originating processes in this action were signed by a law firm instead of a qualified legal practitioner as required by the Rules of Practice of the Federal High Court and the decision of this Court in the case of Okafor v. Nweke (2007) 3 S.C (Pt. II) 55 at 62-63.
In arguing the objection, learned Senior Counsel referred the court to the …