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STAMP/SEAL: Whether a legal document must be signed by the legal practitioner whose seal appears on the document- NIGERIA GERMAN CHEMICAL COMPANY PLC v. KRISORAL AND COMPANY LIMITED(2019) LPELR-47987(CA)

HELD:

"I have taken a critical look at the Originating processes before this Honourable Court and it is evident that the name of the legal practitioner who issued the writ is not the same as the name of the legal practitioner whose seal was attached to the said processes. I must be quick to point out that the provisions of the Rules of Professional Conduct, 2007 is directed at the Legal Practitioner to provide evidence of his qualification to practice law in Nigeria in addition to his name being in the Roll at the Supreme Court of Nigeria. There is no doubt that AWADIMUYA PRECIOUS NDIDI whose name appears on the Writ of Summons is a legal practitioner qualified to practice law in Nigeria. The question I ask myself is that is A.G.N ESEAGWU, the person who issued the writ a legal practitioner qualified to practice law in Nigeria. In answering this question, I discovered that it is rather fortunate that the same A.G.N ESEAGWU was the person who settled the Respondent's brief before this Honourable Court. The Respondent's brief carries the seal of A.G.N ESEAGWU ESQ. Therefore in my mind, I have no doubt that A.G.N ESEAGWU ESQ., is a legal practitioner qualified to practice law in Nigeria. In the event that I am wrong but I doubt, I am of the opinion that the issue raised by the Appellant is a matter of procedural irregularity that would not render the said originating processes incompetent. The Apex Court and this Court have stressed in a plethora of judicial pronouncements that a Court of law should be more concerned with doing substantial justice rather than allow itself to be tied by mere technicalities. The Appellant appeared in the Court below on one occasion and did not raise an objection in this regard. I am of the opinion that it is rather too late in the day for the Appellant to make heavy weather on this issue with the aim to compel this Honourable Court to lean toward doing technical justice rather than substantial justice." NIGERIA GERMAN CHEMICAL COMPANY PLC v. KRISORAL AND COMPANY LIMITED (2019) LPELR-47987(CA) Per UMAR, J.C.A. (Pp. 39-41, Paras. C-A) 

FACTS:

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