Originating Process

The cases...cited above have settled the matter with satisfactory finality, to the effect that the proper procedure for signing on behalf of somebody else is to disclose the name and identity of the person who signed and for whom it was signed if signed on behalf of another person in chambers- the two names must be disclosed. I can't agree less with the Respondent that the originating process, the Amended Statement of Claim No. 3 was defective as issued. This goes to the jurisdiction of this Court to entertain this appeal. I will only need to add, the position of this Court on its competency to proceed with any matter placed before it. See:- the celebrated case of MADUKOLU AND ORS VS NKEMDILIM (1962) 1 All NLR 587 at 594. Bairamian F. J. (as he then was) stated the principles which have been accepted in successive case in this Court. "A Court is Competent"; he said, when:- "(1) It is properly constituted as regards numbers and qualifications of the members of the bench, and no member is disqualified for one reason or another; and (2) The subject matter of the case is within its jurisdiction, and there is no feature in the case which prevents the Court from exercising its jurisdiction; and (3) The case comes before the Court initiated by due process of Law and upon fulfilment of any condition precedent to the exercise of jurisdiction. Any defect in competence is fatal, for the proceedings are a nullity however, well conducted and decided; the defect is Extrinsic to the adjudication." The Amended Statement of Claim No. 3, which is an initiating process, is already found to be defective. This action, which is founded on it, cannot be said to have been initiated by due process of Law. The defect is extrinsic to the adjudication of this case. This Court cannot proceed to hear this case, as the condition precedent to the exercise of Jurisdiction is absent. The cross Appellants Preliminary Objection filed on the 20/12/2006 at pages 360 – 366 of the record of appeal is hereby upheld. The Entire appeal collapses, and it is hereby struck out by this Court.

ARUEZE & ORS v. CHIEF MIKE A. NWAUKONI LGC(14/12/2018) F-G