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PRINCE (DR.) B. A. ONAFOWOKAN & ORS. v. WEMA BANK PLC. & ORS.

(2011) JELR 43669 (SC)

Supreme Court  •  SC.88/2004  •  13 May 2011  •  Nigeria

Coram
DAHIRU MUSDAPHER JSC; MAHMUD MOHAMMED JSC; MUHAMMAD SAIFULLAH MUNTAKA-COOMASSIE JSC; JOHN AFOLABI FABIYI JSC; BODE RHODES-VIVOUR JSC;

Judgement

MAHMUD MOHAMMED, J.S.C. (Delivering the Leading Judgment): This appeal is against the decision of the Court of Appeal, Lagos Division in its judgment delivered on 25th March, 2004 wherein that Court set aside the decision of the Federal High Court Lagos, striking out suit No. FHC/L/CS/346/2001. The suit was instituted by a Writ of Summons and a Statement of Claim filed on 11th April, 2000 by the Respondents as Plaintiffs against the Appellants as Defendants claiming Declaratory and injunctive reliefs. On being served with the Writ of Summons and the Statement of Claim, the Defendants, without filing a statement of Defence, reacted by filing a Notice of Preliminary Objection to the competence of the action dated 1st July, 2000, contending that the trial Court lacked jurisdiction to adjudicate over the matter because the Plaintiffs had no locus standi to institute the action and urged the Court to strike out the action.

In its Ruling delivered on 9th February, 2001, the trial Court uphe…

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