UNITED BANK OF AFRICA PLC & ANOR. V. TOLA ALABI & ORS

PATRICIA AJUMA MAHMOUD, J.C.A. (Delivering the Leading Judgment): This appeal emanated from the decision of Hon. Justice O. E. Abang of the Federal High Court, Lagos, delivered on the 16th day of July, 2010, wherein his Lordship ruled that he had jurisdiction to hear and determine the plaintiff’s claim before the Court.

The action was commenced by a writ of summons filed on the 5th day of November, 2009 by the Plaintiff/1st Respondent and against the appellants, 1st and 2nd defendants at the trial Court and the 2nd – 6th Respondents were the 3rd – 7th defendants at the trial. In the writ of summons, the plaintiff/1st respondent claimed against the defendants/appellants/2nd–6th Respondents as follows:

i. A DECLARATION by the Honourable Court that the refusal of 1st and 2nd Defendants to procure FIRST BANK PLC SHARES on behalf of the Plaintiff as instructed and mandated during the May, 2007 public offer amounts to breach of the existing contract by the 1st and 2nd Defendants;

ii. AN ORDER …