Facts:

The respondents are customers of the appellant. They sued the appellant for conversion, fraud, and breach of trust and fiduciary duties at the Federal High Court, Lagos Division. The suit was filed in 2006 to recover an alleged debt in local and foreign currencies. The respondents alleged that the appellant was indebted to them to the tune of N176,406,301.73 (One Hundred and Seventy Six Million, Four Hundred and Six Thousand, Three Hundred and One Naira, Seventy Three Kobo). They requested interest of 21% on the sum from August 2005 and also sought the order of the court to compel the appellant to immediately release to the 1st respondent, the sum of N15,000,000.00 (Fifteen Million Naira) for onward remittance to the Federal Inland Revenue Service, FIRS which they alleged was the Value Added Tax withheld by the appellant. Furthermore, they also claimed the sums of $5,737.55 (Five Thousand Seven Hundred and Thirty Seven United States Dollars, Fifty Five Cents) and $88,000.00 (Eighty Eight Thousand United States Dollars, respectively). They alleged that these sums were monies paid by Shell Petroleum Development Company Nigeria Limited to the 1st respondent through the appellant which were unlawfully withheld. Meanwhile, the writ of summons was signed in the name of a firm and not in the name of a legal practitioner. The appellant filed an application challenging the competence of the suit on the ground that the process was not signed by a legal practitioner making it incompetent and asking the court to strike it out. The respondents challenged the application and filed a counter affidavit. They argued that the writ of summons was competent because it was filed pursuant to the Federal High Court (Civil Procedure) Rules, 2000 which were the extant Rules of Court at the time and that the writ of summons conforms to the said Rules. After hearing the parties on the application, the trial court ruled in favour of the respondents and held that the writ of summons was in compliance with the rules. The appellant was dissatisfied with the ruling of the trial court and filed a notice of appeal at the Court of Appeal, Lagos Division. The sole issue for determination is whether the writ of summons was capable of vesting jurisdiction in the trial court and whether the court was not wrong when it held that the originating process was competent and not invalidated by the signature in the firm’s name.