FIRST REGISTRARES (NIG) LTD
V.
SEC & ANOR

(2022) JELR 109133 (CA)

Court of Appeal · CA/L/969/2015 · 14 Jan 2022 · Nigeria

CORAM

Obande Festus Ogbuinya, JCA Abubakar Sadiq Umar, JCA Adebukunola Adeoti Ibironke Banjoko, JCA

Core Terms ^Beta

appeal

action notice

1st respondent

trial court

2nd respondent

brief of argument

national pension commission

notice of preliminary objection

9th february

written address

briefs of argument

decision of the respondent

judicial review

order of certiorari

record of appeal

securities tribunal

such decision

15th december

amended notice of appeal

co. ltd

date of payment

determination of this appeal

honourable court

learned trial judge

position of the 1st respondent

submissions of the appellant

underlined portion of the subsection

1st respondent’s notice

2nd respondents’ briefs

appellant’s failure

brief facts of the case

case file

clear words of a statute

entire action

further issues

issue of jurisdiction

jurisdiction of the trial court

lack of jurisdiction

order of perpetual injunction

preliminary objection

provisions of the investment

purported cause of action

purported exercise of such power

reply briefs

respective briefs of argument

service of the originating processes

sole ground of appeal

such further order

violation of any specific section of the investment

ABUBAKAR SADIQ UMAR, J.C.A. (Delivering the Leading Judgment): This appeal is against the ruling of the Lagos Division of the Federal High Court delivered by C.J. Aneke, J on 15th December, 2014 wherein the learned trial Judge upheld the 1st Respondent’s Notice of Preliminary Objection and struck out the suit for the Appellant’s failure to serve a pre-action notice on the 1st Respondent before the suit was instituted.

BRIEF FACTS OF THE CASE

Pursuant to leave granted by the trial Court permitting the Appellant to seek judicial review, the Appellant commenced the suit culminating in this appeal against the 1st Respondent by Originating Motion accompanied by an affidavit and a written address seeking the following reliefs:

i. “A DECLARATION that the Respondent lacks the authority, right and power to impose the sanctions as contained in the Respondent's letter dated 9th February 2011 and titled "RE: PETITION AGAINST FIRST REGISTRARS LIMITED AND THEIR ASSOCIATES WITH RESPECT TO THE PURCHASE …

FIRST REGISTRARES (NIG) LTD V. SEC & ANOR

FIRST REGISTRARES (NIG) LTD
V.
SEC & ANOR