PANALPINA WORD TRANSPORT NIGERIA LIMITED V. ALHAJI SULEIMAN ABUKAR BABAGANA & ANOR

MOHAMMED LAWAL GARBA, J.C.A.(Delivering the Leading Judgment):By a Petition dated 9th April, 2009, the Respondents sought from the Federal High Court, sitting at Lagos, declaratory and injunctive reliefs against the Appellant in respect of issuance and service of Notice of its meetings, particularly the meeting that was to hold on 14th April, 2009. The Appellant filed a preliminary objection dated 29th March, 2010 to the competence of the petition on the grounds that:-

(1) The Petitioners have not fulfilled the condition precedent necessary (sic) to file this case as they have failed to re-seal the probate used in this petition thereby not complying with Sections 2, 3 and 5 of the Probates (Re-Sealing) Act, Laws of the Federation 2004.

(2) The Petitioners failed and refused to serve the petition and all other processes filed in this suit on the Defendant and failed to comply with Order 6 of the Federal High Court Civil Procedure Rules, 2009 and hence any purported service should be set …