CITIGROUP NIGERIA INTERNATIONAL BANK CITIBANK N. A. NEW YORK USA V. SAMZEK HOLDINGS LIMITED SAMUEL IKEFUA GUARANTY TRUST BANK PLC

OGAKWU JCA (Delivering the Lead Judgment): This action is a fallout from a banking relationship. The 1st and 2nd respondents herein instituted the action against the 3rd respondent as the sole defendant. The action was in suit No. EHC/184/2006: Samzek Holidays Ltd and Anor. v. Guaranty Trust Bank Plc , instituted at the Effurun Judicial Division of the High Court of Delta State. In the course of the proceedings before the lower court, the 1st and 2nd respondents herein applied for the appellants to be joined as co-defendants to the action. The application was granted by the lower court on 2 July 2009. The enrolment of order is at pages 13 - 14 of the records. The appellants were not satisfied with the manner in which they were joined as defendants; they consequently filed a notice of preliminary objection on 10 February 2010, praying for an order for the striking out of their names for want of jurisdiction. The said notice of preliminary objection is at pages 36 - 49 of the reco…