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FREDRIKOV PETROLEUM SERVICES COMPANY LIMITED v. FIRST BANK OF NIGERIA PLC & ANOR

(2014) JELR 42223 (CA)

Court of Appeal  •  CA/L/928/2011  •  12 Mar 2014  •  Nigeria

Coram
SIDI DAUDA BAGE JCA; JOSEPH SHAGBAOR IKYEGH JCA; RITA NOSAKHARE PEMU JCA;

Judgement

RITA NOSAKHARE PEMU, J.C.A. (Delivering the Leading Judgment): The suit, the subject matter of this appeal was instituted by Writ of Summons dated 1st December 2009 and filed on the 9th of December 2009. The Claimant is the Appellant in this appeal.

After entering appearance at the lower Court, the Defendants (Respondents in the present appeal) filed a Statement of Defence, but raised a preliminary objection about the locus standi of the Appellant to institute the action.

Thereafter, the Respondent brought a motion on notice, seeking an order of Court that the suit be struck out for want of locus standi on the part of the Appellant.

The Appellant opposed the application by filing a counter affidavit. The Lower Court upheld the preliminary objection filed by the Respondents and dismissed the suit.

SYNOPSIS OF THE FACTS WOULD SUFFICE

According to the Appellant, the Appellant is a Company registered under the Laws of Nigeria, carrying out, among other things, Mud logging services to comp…

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