[2015]DLHC9090July 17, 2015High Court

JAMES DANFUL AND PAUL EGYAM vs. EMMANUEL BOADU YEBOAH, J.K. SOFO, SAMUEL BOADU, ALEX GYAMPOH AND KANESHIE DRIVERS ASSOCIATION

RULING Can a law firm sign a legal process? That is the penultimate question the court is being called upon to answer in reaction to an interesting preliminary legal point raised in this instant case. “………………… while a process in a suit may be signed by a party to the suit or counsel representing this party………………… it is doubtful if a firm can sign a court process in a case in which it is a party……..” This statement is attributable to Nwali Sylvester Ngwuta J.C.A, (a Justice of Appeal of Nigeria) in a case that went on appeal to the Court of Appeal of Nigeria from the decision of the Ondo High Court entitled Nigerian Romanian Wood & Anr v J.O. Akingbule (2010) LPELR-9140 (CA). One of the most crucial issues in the case turned on the construction to be put on a legal process signed not by the Plaintiff or a legal practitioner but the law firm representing the Plaintiff. The Nigeria Court of Appeal in that case discussed extens...