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SIGNING OF ORIGINATING PROCESS – STATUS OF AN ORIGINATING PROCESS SIGNED BY A LAW FIRM

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"In line with the settled position of the law and decision of the Supreme Court in Okafor vs. Nweke (Supra) at the relevant time, this Court, per Ikyegh, JCA, at pages 13 to 15 of the judgment held as follows,:

The originating processes in the action at the court below (the application for writ of summons and statement of claim) having been signed by a law firm, not by an identifiable legal practitioner, are incompetent and the proceedings of the court below leading to judgment in the case built on the incompetent processes are equally incompetent and a nullity and must be set aside… I would allow the appeal on this issue and set aside the originating processes and the proceedings of the court below for being incompetent and a nullity. The judgment of the court below is set aside for lack of jurisdiction…."

 

 PER T. ABUBAKAR, J.C.A.  In the case of OLUWASEGUN OGUNDANA & Ors V TELEMU FASANYA & Ors  LER(2019) CA/L/110/2016

https://legalpediaonline.com/4009-2/


   
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