A preliminary objection filed by the University of Oxford, England in order to challenge a N10m lawsuit filed against it by a Nigerian lawyer, Ogedi Ogu has been dismissed by the Lagos state high court in Igbosere.
The Nigerian Lawyer Ogu, had filed the lawsuit against the UK university for its wrong definition of the words “mortgagee” and “mortgagor”.
The lawyer maintained that the dictionary’s definitions of “mortgagee’’ as the borrower in a mortgage transaction; and “mortgagor’’ as the lender were wrong, said that his professional colleague pointed out that the words were wrongly defined.
Ogu also mentioned how this error had caused him a huge embarrassment as all his professional colleagues stopped seeking legal advice from him. This prompted his claim to N10 million for damages incurred.
Although the defence counsel, Mrs Funke Adekoya (SAN) had requested that the court strike out the lawsuit as “incompetent” because the lawyer did not comply with Section 97 of the Sheriff and Civil Process Act in issuing and serving his writ of summons.
Justice I.O. Harrison who upheld the SAN’s submission that Oxford University Press was not a juristic entity and struck out its name from the suit, also pointed out that the the writ was validly issued and service was lawful and regular. The Judge Said;
“The court finds that not being a juristic person, the 2nd defendant can’t be sued and since they are a department of the 1st defendant, whatever affects the 1st defendant will naturally affect and bind on their departments.
“The notice of preliminary objection succeeds partially.”