CHAMS PLC & CHAMS CONSORTIUM LIMITED V. MASTERCARD ASIA/PACIFIC PTE LIMITED & MASTERCARD SERVICES SUB-SAHARAN AFRICA LIMITED

UWABUNKEONYE ONWOSI, J.C.A. (Delivering the Leading Judgment): This appeal is against the ruling of the Federal High Court of Lagos State, sitting at Lagos Judicial Division and delivered by HONOURABLE JUSTICE R. M. AIKAWA on the 29th day of July, 2020 in Suit No: FHC/L/CS/1440/2019. The Court bellow struck out the Appellants’ suit on the strength of the Respondents’ Notice of Preliminary Objection dated 10th day of December, 2019, wherein the trial Court held that the Appellant’s Writ of Summons was incompetent for failure to comply with the provisions of Section 98 of the Sheriffs and Civil Process Act and Order 3 Rules 19 & 20 of Civil Procedure Rules of the lower Court.

Dissatisfied with the decision of the trial Court, the Appellant filed a Notice of Appeal on the 6th day of January, 2021, setting out 6 (six) grounds of appeal.

RELEVANT FACTS

The Appellants (the Plaintiffs/Respondents before the lower Court) instituted the action against the Respondents (the Defendants/Applicants be…