By Onyewuchi Ojinnaka
Justice I.O. Harrison of a Lagos High Court sitting at Igbosere has dismissed the preliminary objection filed by Oxford University, England through its counsel, Mrs Funke Adekoya (SAN), in a suit filed by a Nigerian lawyer Ogedi Ogu claiming N10 million against the University over misleading definition of words “mortgagee and mortgagor” as published in Oxford dictionary by Oxford University press.
In the substantive suit, Ogu alleged that the words “mortgagee and mortgagor” as defined in the Oxford Dictionary, published by Oxford University Press, misled him when he applied the words while offering legal advice to his professional colleague.]
He claimed that he was embarrassed and suffered loss of reputation as a lawyer when his professional colleague later pointed out to him that the words were wrongly defined in Oxford Dictionary, and since then, all his professional colleagues stopped seeking legal advice from him.
Consequently, Ogedi Ogu prayed the court to order University of Oxford and Oxford University Press to pay him N10 million as damages, arguing that he relied on the definition of the words in Oxford dictionary to offer legal advice to his clients.
But objecting to Ogu ‘s claim, the Oxford University counsel Mrs Adekoya prayed the court to dismiss the suit for being incompetent. She argued that Ogu did not comply with Section 97 of the Sheriff and Civil Process Act in issuing and serving his writ of summons.
Adekoya described the writ as “incurably defective,” adding that it was “liable to be set aside.” Besides, she contended that Oxford University Press, which was joined as 2nd defendant, was a non-juristic entity, which could not be sued because it was only a department under the University of Oxford.
Recall that in a June 30, 2020 ruling, Justice Harrison partly disagreed with Adekoya and dismissed one leg of the preliminary objection.
Contrary to Adekoya’s submission, Justice Harrison said, “The writ was validly issued and service was lawful and regular.”
However, the judge upheld Adekoya’s argument that Oxford University Press was not a juristic entity and therefore, struck its name out from the suit.
The judge said: “The court finds that not being a juristic person, the 2nd defendant cannot 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.”
Ogu, in his suit, claimed that Oxford Dictionary defined the word “mortgagee’’ as the borrower in a mortgage transaction; and “mortgagor’’ as the lender.
He said this was contrary to the definition of “mortgagee” as lender and “mortgagor” as borrower in many other dictionaries.
The lawyer averred that when he wrote to the University of Oxford to complain, the university admitted the error but refused to admit liability.
According to him, the university told him that “Our dictionaries are made available as a reference tool only; they are never held out by OUP as being an alternative to seeking independent legal or financial advice, and we cannot take responsibility for an individual’s decision to use them as such.”