The Enugu Division of the Court of Appeal has validated the allocation of a piece of land measuring over 20 hectares to Zans-Foods Beverages Ltd. by Amankwo-Eke community in Udi Local Government Area of Enugu State.
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The Court of Appeal, in a lead judgment by Justice Mistura Bolaji-Yusuf, said though it found that the land was allocated to the company without the general consent of the community, the failure of the complainantsâ lawyer, Mr. Tony Igboji, to sign the writ of summons filed to challenge the allocation had rendered the complainantsâ case incompetent.
Justice Bolaji-Yusuf held, âFrom the entire pleadings of both parties and the evidence adduced, it is beyond argument that the transaction was done under the customary law. The evidence before the court proved that the 20,027 hectares of land was without the approval of the general meeting of the town union or the community, which is highest decision-making of the community.
âHowever, I have examined the writ of summons on pages 1 and 2 of the record of appeal and I cannot find the signature of the plaintiffâs legal practitioner.
âIn my view, the requirement of signature under Order 6 Rule 2(3) is only complied with when a legal practitioner appends his usual mark, sign or name recognised as his own to a writ of summons in his own hand writing.
âIn my humble view, a signature is a mark, sign or name usually written or put on a document by a person with his own hand and with a pen or any other writing instrument to authenticate a document. A legal practitionerâs signature is certainly not a name printed or typed on a document or court process by use of a typewriter. The learned trial judge erred when he held that Mr. Tony Igboji wrote his name on the writ in the context or legal requirement of a signature which means only one thing and that is handwritten signature and not printed with prefabricated characters, letters or alphabets.
âAn unsigned document is a worthless piece of paper, more so a court a process that the rules of court specifically stipulate shall be signed.
âThe failure of the respondents or their legal practitioner to sign the writ of summons is fatal to the respondentsâ case. In conclusion, the appeal succeeds in respect of the respondents claim. The judgment of the High Court of Enugu State delivered in suit E/268/2011 in respect of the respondents claim is hereby set aside for lack of jurisdiction.â
The other members of the panel, Justices Tom Yakubu and Rita Pemu, aligned themselves with the lead judgment.
Concurring with the lead judgment, Justice Pemu held, âA cursory look at the writ of summons shows it was not signed by the plaintiffs. There is no address for service and it was not even certified. These lacunae are a travesty of the rules and indeed law relating to the form which a writ of summons should take.
âIt is my humble opinions that in the face of these gross lacunae, the proceedings at the lower court remain a nullity, no matter how well conducted. This lacuna remains a virus which cannot be removed.â
The lower court judgment was delivered by Justice A.A. Nwobodo in favour of some aggrieved members of Amankwo-Eke community- Chief Loretta Aniagolu, Morgan Anigbo, Ndubuisi Comliet and Remigus Aniagba.
Displeased with Justice Nwobodoâs judgment, however, the defendants, through their lawyer, Mr. Emeka Ozoani, approached the appellate court.
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