(2022) JELR 109133 (CA)    
Court of Appeal  ·  CA/L/969/2015 ·  14 Jan 2022 ·  Nigeria
Obande Festus Ogbuinya, JCA Abubakar Sadiq Umar, JCA Adebukunola Adeoti Ibironke Banjoko, JCA
Core Terms Beta
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.


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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