The Court of Appeal in Ibadan has struck out a long-standing land dispute case due to a procedural flaw in the originating process, underscoring the critical importance of legal compliance in court filings.
![](https://thenigerialawyer.com/wp-content/uploads/2024/11/TheNigerialawyer-WhatsApp-Channel1.jpg")
The case, Madam Dorcas Odu & Ors v. Baba Oyinbo & Ors (Appeal No. CA/IB/182/2012), involved chieftaincy families disputing land ownership in Ketu Adie Owe, Paramole, Ayigbaboro Village, and Ishaga Idiroko Village in Ogun State.
The dispute originated in 2006 when three sets of claimants—representing the Ido-Arobe, Iga-Nla, and Iga-Ago chieftaincy families—filed a suit (HCT/59/2006) at the Ogun State High Court, seeking declaratory and injunctive reliefs over the contested lands. The claimants included Madam Dorcas Odu, Baale Franus Ebelamu Odu, and others, while the defendants comprised Baba Oyinbo and several others. After a full trial, the High Court, presided over by Justice A.A. Akinyemi, dismissed the claimants’ case on November 28, 2011, prompting an appeal by the Ido-Arobe chieftaincy family.
On July 3, 2025, the Court of Appeal, led by Presiding Justice Sir Biobele Abraham Georgewill, and Justices Kenneth Ikechukwu Amadi and Fadawu Umaru, unanimously allowed the appeal and declared the entire suit incompetent. The court found that the Writ of Summons filed on February 16, 2006, was invalid because it was neither signed by the claimants nor by a named legal practitioner, as required by Sections 2 and 24 of the Legal Practitioners Act, 1975.
The Writ, issued in the name of Marcus Babwoye and Co.—a law firm—lacked the signature of an identifiable legal practitioner enrolled on the Roll of Legal Practitioners at the Supreme Court of Nigeria. Citing landmark decisions such as Okafor v. Nweke (2007) and SLB Consortium Ltd v. NNPC (2011), the appellate court held that an unsigned or improperly signed originating process is “incurably defective” and cannot confer jurisdiction on any court. Justice Georgewill emphasized: “In law, one cannot put something on nothing and expect it to stand. No, it would definitely collapse!” He further clarified that an invalid writ cannot be cured by amendment, thereby rendering the subsequently amended writ equally incompetent.
The appellants, represented by C.O. Abudu Esq., argued that the unsigned Writ deprived the lower court of jurisdiction, relying on legal precedents including Timitimi v. Amabebe (1953) and Peak Merchant Bank Ltd v. Nigeria Deposit Insurance Corporation (2011). In opposition, the 12th to 22nd respondents—represented by Idris Kolawale Olajide Esq.—cited the Ogun State High Court (Civil Procedure) Rules Edict 1987, arguing that the Writ was validated by the Registrar’s signature. However, the court dismissed this argument, affirming that only a claimant or a named legal practitioner can validly sign an originating process.
The 1st to 11th and 23rd respondents did not oppose the appeal, while the 24th and 25th respondents, represented by O.G. Bamgbose Esq. from the Ogun State Ministry of Justice, also did not contest the appeal.
Writ Signed By Law Firm, Not Lawyer, Renders Suit IncompetentThe Court of Appeal’s ruling in Madam Dorcas Odu & Ors v. Baba Oyinbo & Ors stands as a cautionary tale for legal practitioners to meticulously observe procedural requirements. By striking out the suit for an invalid Writ, the court reinforced the legal principle that no valid judicial proceeding can arise from a fundamentally flawed originating process.
_______________________________________________________________________
[A MUST HAVE] Evidence Act Demystified With Recent And Contemporary Cases And Materials
Available now for NGN 40,000 at ASC Publications, 10, Boyle Street, Onikan, Lagos. Beside High Court, TBS. Email publications@ayindesanni.com or WhatsApp +2347056667384. Purchase Link: https://paystack.com/buy/evidence-act-complete-annotation
______________________________________________________________________
ARTIFICIAL INTELLIGENCE FOR LAWYERS: A COMPREHENSIVE GUIDE
Reimagine your practice with the power of AI “...this is the only Nigerian book I know of on the topic.” — Ohio Books Ltd
Authored by Ben Ijeoma Adigwe, Esq., ACIArb (UK), LL.M, Dip. in Artificial Intelligence, Director, Delta State Ministry of Justice, Asaba, Nigeria.
Bonus:
Get a FREE eBook titled “How to Use the AI in Legalpedia and Law Pavilion” with every purchase.
How to Order: 📞 Call, Text, or WhatsApp: 08034917063 | 07055285878 📧 Email: benadigwe1@gmail.com 🌐 Website: www.benadigwe.com
Ebook Version: Access directly online at: https://selar.com/prv626
______________________________________________________________________ “Bridging Theory And Courtroom Practice” — Hagler Sunny Okorie, Nathaniel Ngozi Ikeocha Unveil ‘Functional’ Tort Law Book For Nigerian Legal System
The book, titled The Law of Torts in Nigeria: A Functional Approach, authored by Professor Hagler Sunny Okorie Ph.D and Ikeocha, Nathaniel Ngozi Esq, offers law students, practitioners, and academics a comprehensive guide to understanding and applying tort law in Nigerian courts. Interested buyers can place orders via the following contact numbers: 08028636615, 08037667945, 08032253813, or +234 902 196 2209.
______________________________________________________________________
“Enhance Legal Practice With Authoritative Reports” — Alexander Payne Offers Comprehensive Law Reports, Spanning Over A Century Of Nigerian Jurisprudence
Interested buyers are encouraged to place their orders and enquiries via:
0704 444 4777, 0704 444 4999, 0818 199 9888
Website: www.alexandernigeria.com
