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NIB INVESTMENT (WEST AFRICA) V. CHIEF A. O. OMISORE & ORS

(2005) JELR 14411 (CA)

Court of Appeal  •  CA/L/518/2002  •  4 Jul 2005  •  Nigeria

Coram
KUMAI BAYANG AKAAHS JCA; CLARA BATA OGUNBIYI JCA; MOHAMMED LAWAL GARBA JCA;

Judgement

CLARA BATA OGUNBIYI, JCA (Delivered the Leading Judgment): The appeal at hand is against the ruling of the Federal High Court, Lagos Division, delivered by Honourable Justice Dan D. Abutu, on the 29th October, 2002, in suit No. FHC/L/CS/867/2001. The court upheld in the main, the defendant's/respondent's objection, dated 30th October, 2001, that the plaintiff/appellant's had no locus standi to institute the action. The plaintiff was the respondent to that motion, at the lower court and is now the appellant in this court, and its action was instituted by writ of summons and statement of claim, dated 17th October, 2001 respectively, against the defendants/applicants, who are the respondents in this court. The lower court consequent to the objection struck out the appellant's suit. The appellant is greatly dissatisfied and the reason for filing an appeal against the said decision.

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