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MR. EZE OKOROCHA V. UNITED BANK FOR AFRICA PLC UBA GLOBAL MARKET LTD BGL SECURITIES LTD UBA REGISTRARS LTD SECURITIES AND EXCHANGE

(2010) JELR 56727 (CA)

Court of Appeal  •  CA/L/541/08  •  11 May 2010  •  Nigeria

Coram
PAUL ADAMU GALINJE JCA (Presided) REGINA OBIAGELI NWODO JCA

Appearances
Calco Ihekweazu Esq. (with him, O.L. Leokere(Esq.) and M.G. -*- Nurisalama (Miss) - for the Appellant. -*- M.E. Esonanjor for 1st, 2nd, 3rd and 4th - for the Respondents. E

Judgement

SAULAWA JCA (Delivering the Lead Judgment): This appeal is a fallout of the decision of the Investment and Securities Tribunal sitting in Lagos, which was delivered on 30 September 2008 in case No. 1st/LA/ OA/03/03. By the said decision, the lower tribunal declined to entertain the originating application the appellant instituted against the respondents, on the ground that it lacked the jurisdiction to do so.

The circumstances surrounding the case are that the appellant applied for 200,000 units of shares of the 1st respondent in its public offer of 23

February 2007, at N35.00 (thirty-five naira) per unit. He paid N7,000,000.00(seven million naira) vide IBTC Chartered Bank Plc. The appellant’s application was accepted, and he was subsequently issued with a share certificate for 200,000 units of shares. However, the appellant was aggrieved by the delay in issuing the share certificate to him. Hence, on 12 February 2008, he filed an originating application in the lower tribunal seekin…

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