CHIOMA EGONDU NWOSU-IHEME, J.S.C. (DELIVERING THE LEADING JUDGEMENT):
INTRODUCTION
This appeal arose from the judgment of the Court of Appeal (Lagos Division, delivered on the 28 of January 2013 wherein the lower court allowed the appeal of the respondents. The respondents had appealed against a Ruling of the Federal High Court, Lagos Division which struck out their application at the Federal High Court on the ground that the application seeking dismiss or strike out the matter before the court was misconceived because, among other things, the proceeding before the Federal High Court was a post judgment proceeding to enforce a judgment and not a suit contesting rights of parties.
The respondent had earlier on brought a similar application before the Federal High Court essentially seeking to set aside the judgment obtained against the respondents at the then Failed Banks Tribunal. In the opinion of the Federal High Court, in the latter application, the respondent jumped the gun in not rec…