CONTINENTAL TRUST BANK LTD. & ORS
V.
BALOGUN & ORS

(2002) JELR 44412 (CA)    

Court of Appeal  ·  CA/L/283/02 ·  19 Dec 2002 ·  Nigeria
CORAM
GEORGE ADESOLA OGUNTADE Justice of The Court of Appeal of Nigeria PIUS OLAYIWOLA ADEREMI Justice of The Court of Appeal of Nigeria CHRISTOPHER MITCHELL CHUKWUMA-ENEH Justice of The Court of Appeal of Nigeria
Core Terms Beta
lower court
appellants
point of law
rule
4th respondents
jurisdiction
trial judge
appeal
federal high court
judicial review
law
preliminary objection
federal high court rules
issue of jurisdiction
honourable court
learned trial judge
2nd respondents
civil procedure
jurisdiction of the court
plaintiffs motion
abuse of court process
appealable decision of the court
clear difference
conditions precedent
court of the need
decisions
exercise of my discretion
file affidavit evidence
final question
following issues
following orders
form of an order of certiorari
g. a. oguntade
important thing
instant case
judge of such discretion
judicial decision
judicial review of administrative decisions
leading judgment
line of argument
nature of the present case
order dismissing
order of orders
order of the learned trial judge
p. o. aderemi
points of law
right of appeal
rules of the appellants
said provision

G. A. OGUNTADE, J.C.A (Delivered the Leading Judgment): The 1st to 4th respondents were the plaintiffs/applicants before the Federal High Court in Suit NO.FHC/L/CS/995/2001 where they brought an application for judicial review in the form of an Order of Certiorari, Declaration and injunction against the 1st and 2nd respondents. It was alleged that the 1st and 2nd respondents had improperly taken some decisions against the plaintiffs/applicants (i.e. 1st to 4th respondents) without affording them the opportunity to be heard.

In the course of the proceedings before the lower court, the appellants applied to be made parties to the proceedings, a request which was granted by Sanyaolu J. They then became the 3rd to 8th respondents. On 5/3/02 they brought an application asking for the following orders:

"1. An order dismissing and or striking out the plaintiffs motion on notice dated 26th November 2001 for an application for judicial review.

2. And such further or other order of orders as th…

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