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Jurisdiction fundamental to adjudication

By a Writ of Summons filed on the 19th day of February, 2002, the Respondent as Claimant sought a declaration that he was the rightful…

By a Writ of Summons filed on the 19th day of February, 2002, the Respondent as Claimant sought a declaration that he was the rightful owner and entitled to statutory right of occupancy of a parcel of land situate at Aina Asoloye Street, Eleja, Ikorodu, Lagos State measuring 1006.377 square meters; perpetual injunction restraining the Appellant/Defendant from trespassing on the said Land; possession of the said parcel of Land; and the sum of N320,000.00 being special and general damages for trespass and destruction of the Claimant’s concrete block fence over the Land.
The Respondent’s case is that the parcel of Land in dispute formed part of a large tract of land belonging to the Lowa family of Ikorodu, Lagos State from time immemorial. The Respondent’s Predecessor-in-title, Alhaja Abiola Banjoko now deceased, was a member of the Lowa Family. In the course of time, the Lowa Family conducted a Survey of their large parcel of Land and partitioned the said land into plots identified as Plots A-I. By Deed of Conveyance dated 10th March, 1978 and registered as 16/16/1708 at the Lands Registry Lagos State, the accredited Legal Representatives of the Lowa Family granted the Respondent’s Predecessor-in-title the plot known as Plot F in the large parcel of Land belonging to the Lowa Family. On the 23rd of June, 2000, the Respondent’s Predecessor-in-title transferred her entire rights and interest in Plot F to the Respondent. The Respondent proceeded to fence Plot F with block wall, which was subsequently pulled down and destroyed by the Appellant.
 In its 3rd Amended Statement of Defence dated 21/01/10, the Appellant contended that it purchased the same piece of Land from the accredited Representatives of the same Lowa Family of Ikorodu on or about the 27th of November, 1981. The Appellant stated that it also purchased another parcel of Land beside the Land in dispute on which it erected its Auditorium while it used the Land in dispute for parking and open air services. The Appellant insists that it had been using the parcel of land in dispute since 1981 until 2001 when the Respondent began to lay claim to it.
At the conclusion of the trial, the Learned Trial Judge entered judgment partially in favour of the Respondent by declaring the Respondent the rightful owner entitled to a Statutory Right of occupancy over the parcel of Land; granting a perpetual injunction restraining the Defendant from trespassing on the said Land; granting the Respondent exclusive possession of the said parcel of Land forthwith; and the sum of N270,000.00 general damages for the Appellant’s admitted destruction of the Claimant’s concrete block fence. The Learned Trial Judge however refused to grant the Claimant’s claim for special damages and the claim for the cost of the action.
The Appellant, dissatisfied with the Judgment, has appealed to this court on 7 grounds. In his brief of argument, learned counsel for the appellant first raised a preliminary objection that the lower court had no jurisdiction to entertain the suit as the writ of summons was signed by a law firm. In the alternative, out of the 7 grounds of appeal, counsel formulated three issues for determination.
I shall go straight ahead to consider the preliminary objection. The Appellant is challenging the validity of the Originating Processes viz the Writ of Summons and the Statement of Claim on the ground that the said processes were signed by an entity that was neither the Respondent nor a duly registered Legal Practitioner contrary to the requirements of Order 6 Rule 2(2) of the High Court of Lagos State (Civil Procedure) Rules 1994 which provides that Originating Processes shall be signed by a Legal Practitioner or the Plaintiff himself where he sues in person. It is the submission of the Appellant that pursuant to Section 2(1) of the Legal Practitioners Act as amended, “… a person shall be entitled to practice as a barrister and solicitor if, and only if, his name is in the roll”.
I have carefully considered the arguments of both counsel on this preliminary objection. The issue is one of jurisdiction. It is trite that where a Court lacks jurisdiction over a matter, it lacks the ‘vires’ to entertain and deliberate on such a matter. The issue of jurisdiction therefore poses a crucial question of competence and a defect in it snuffs out the competence of a Court. In the absence of jurisdiction, the entire proceedings, trial, findings, orders and pronouncement of a court are rendered futile, invalid, null and void ab initio however brilliantly the proceedings were conducted. See the cases of Ajuwa v SPDC (Nig) Ltd (2008) 10 NWLR (Pt.1094) 64 @ 96 B-G; Matari v Dangaladima (1993) 3 NWLR (Pt.281) 266; Oke v Oke (2006) 17 NWLR (Pt.1008) 224.

To be continued

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