SAMUEL CHUKWUDUMEBI OSEJI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Ruling of the High Court of Lagos State delivered by J. O. Pedro J. On the 26th September 2007, wherein the claimants suit No LD/2690/96 was struck out because the claim as constituted could not be heard in a Representative capacity.
The appellants herein had as Plaintiffs in the Lower Court filed a writ of summons and statement of claim dated 27th August 1996 wherein they sought the following reliefs against the defendant. (now Respondent).
(i) A DECLARATION that the purported dismissal of the plaintiffs by the defendant as published in the Daily Times of 8/2/96 constitutes a flagrant violation of the plaintiffs right to fair hearing guaranteed under S. 33(1) of the 1979 constitution, Article 7 of the African Charter on Human and People Rights. (Ratification and Enforcement) act, Cap 10, Laws of the Federation of Nigeria 1990 and customary international law and is therefore, unfair, wr…