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MOHAMMED LAWAL GARBA,JSC (Delivering the Leading Judgment): This appeal is by the same Appellants in the Appeal No. SC/942/2018, against the decision of the court of Appeal, Lagos Division (court below) contained in the Judgment delivered on the 10th May, 2017 in an appeal filed by the Respondent. (Who was the 1st Defendant in the Appellants' Suit before the Federal High Court sitting at Lagos (trial court).
The court below struck out the Appellants' suit for incompetence on the primary ground that it was not properly constituted as to the parties and causes of action as a representative action, just like in the Appeal No: SC/942/2018 by the 2nd Defendant in the Appellants' suit before the trial court. The Appellants' Notice of Appeal was filed on the 25th May, 2017 and contained four (4) grounds of appeal as follow:-
"GROUND ONE
The Court Of Appeal erred in law when it assumed jurisdiction over the Appeal No. CA/L/155/14.
PARTICULAR OF ERROR
i. The appeal was an interlocutory appeal whi…