CaseLaw
Onafowokan V. Wema Bank (2011) CLR 5(b) (SC)
Judgement delivered on May 13th 2010
Brief
Facts
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 focus 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 upheld the Preliminary Objection of the Defendants and struck out the action. Dissatisfied with this Ruling, the Plaintiffs appealed against it to the Court of Appeal which after hearing the appeal, allowed it, set aside the Ruling of the trial Court and remitted the case to the trial Court for hearing the action on the merit by another Judge. The Defendants who were the Respondents at the Court of Appeal who lost in that Court, are now on appeal to this Court