DOKUBO & ANOR. V. BOB-MANUEL. & ORS.

• Pages: 119-126

DOKUBO & ANOR. V. BOB-MANUEL & ORS.

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119

"J.A. Cole

for J.A. Cole & Co.

5

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Mr J.A. Cole is admittedly a duly registered legal practitioner, and entitled to

practice as such under the Legal Practitioners Act, 1962. He has no partner in his

practice, but he has registered the name of J.A. Cole & Co. under the Registration

of Business Names Act, 1961 and uses that name in his practice. It is not sug-

gested that there is any professional objection to his doing this, and it is frequent-

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ly done by solicitors in England as the Law List shows. In our view the business

name was correctly given as that of the legal practitioner representing the appel-

lants. In signing the notice of appeal Mr. Cole used his own name, that is to say,

the name in which he is registered as a legal practitioner. We hold that on any in-

terpretation of the rules that was a sufficient compliance with them, and we do not

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accept the submission that the addition of the words "for J.A. Cole & Co." would

invalidate the signature if a signature in a business name was not permitted.

That is enough for the determination of this appeal. Counsel addressed the

court, and invited it to pronounce, on the wider issue of the use of a business name,

including a name under which two or more legal practitioners carry on a practice

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in partnership, for the signature of documents which are required to be signed by

a litigant or by the legal practitioner representing him, as it was said that its regu-

larity had been doubted on occasion. The question does not arise in the present

case, and we prefer to reserve it for a case in which it does arise.

The appeal is allowed, the judgment of the High Court, including the order for

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costs, is set aside and the matter is remitted to the High Court, with a declaration

that the appeal to that court was properly before it, and a direction that Sowemi-

mo, J., should now give judgment determining the appeal. The respondents were

not responsible for the initial error, but they opposed the application for leave to

appeal to this court and sought to uphold the judgments of Sowemimo, J., when

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the appeal came to be argued. They must pay costs assessed at 37 guineas.

Appeal allowed.

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DOKUBO & ANOR. V. BOB-MANUEL & ORS.

NDOKUBO QUAKER DOKUBO

40 AND ANOTHER

V.

CHIEF DAVIES BOB-MANUEL

AND OTHERS

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SUPREME COURT OF NIGERIA

BRETT,

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Ag.C.J N.

COKER,

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J.S.C.

LEWIS,

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J.S.C.

14th April, 1967

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APPELLANTS

RESPONDENTS

SUIT NO. SC 473/1965

Native Law and Custom (Kalahari) - Land in Abotznema - Allotment by main

house (of family) to sub-house - Forfeiture for misconduct - Building without

consent of main house; denial of main hou.se's title