Legal Nuggets (54): Effect of Affixing Proof of Payment of NBA Stamp And Seal Where Stamp And Seal Are Not Available.- By Adedotun Habeeb Adetunji, LL.M (M.IoD), FCAI

ECOBANK (NIG) PLC v. IDOGHO & ORS (2018) LPELR-44754(CA)

ISSUE

STAMP/SEAL : Effect of affixing proof of payment of NBA stamp and seal where stamp and seal are not available

PRINCIPLE
"I have decided to take together in one fell swoop the resolution of all the issues since they are all related and intertwined. I shall however commence by first resolving the point raised by the Appellant that there is no valid Respondent's brief. On this point, the authority of the case of SENATOR BELLO SARKIN YAKI'S (2015) LPELR - 25721 cited by the Appellant is to the effect that a Court process without a stamp is voidable but not void. In the instant appeal, learned counsel for the Respondent has affixed the receipt of payment for the stamp which shows that counsel has played his part by applying for the stamp. If for any reason there is a delay in delivering the stamp to him, it will be unjust to punish him for the laxity of those whose duty it is to produce the stamp timeously. I am therefore of the view that the evidence of payment, exemplified by the receipt suffices and the brief is therefore adjudged proper before the Court." Per EKPE, J.C.A. (P. 16, Paras. A-E)