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FIRST GUARANTEE PENSION LIMITED v. NZE CHIDI DURU & ORS

(2017) JELR 37687 (CA)

Court of Appeal  •  CA/L/1180/2015  •  11 May 2017  •  Nigeria

Coram
JUMMAI HANNATU SANKEY JCA; ONYEKACHI AJA OTISI JCA; JOSEPH EYO EKANEM JCA;

Judgement

JOSEPH EYO EKANEM, J.C.A. (Delivering the Leading Judgment): This appeal is against the ruling of the Federal High Court, Lagos Judicial Division ("the Lower Court" for short) delivered on 6/10/2015. In the ruling the Lower Court dismissed the appellant's application for an order striking out or dismissing the suit filed by the 1st-4th respondents against the appellant and the 5th respondent.

Aggrieved by the ruling, the appellant has appealed to this Court by way of a notice of appeal filed on 19/10/2015, bearing four ground of appeal.

The facts of the case leading to this appeal are as follows: The 1st-4th respondents (as plaintiffs) took out an originating summons against the appellant and 5th respondent (as 1st and 2nd defendants, respectively) seeking the determination of the following questions:

"ISSUES FOR DETERMINATION

1. Whether it was proper for the Defendants to Proceed to implement findings of share verification and audit review of the National Pension Commission despite their…

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