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FIRST REGISTRARES (NIG) LTD
V.
SEC & ANOR

(2022) JELR 109133 (CA)

Court of Appeal 14 Jan 2022 Nigeria
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- The Appellant challenged regulatory sanctions imposed by the Securities and Exchange Commission (SEC) and sought judicial review (including certiorari, declaratory and injunctive reliefs) from the Federal High Court, Lagos, without first

Case Details

Suit Number:CA/L/969/2015
Judges:Obande Festus Ogbuinya, JCA Abubakar Sadiq Umar, JCA Adebukunola Adeoti Ibironke Banjoko, JCA
Counsel:N. U. ORAGWU for the 1st Respondent. S. O SOWEMIMO (SAN), with him, C. R. COKER for the 2nd Respondent.

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 …

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