YARGATA BYENCHIT NIMPAR, JCA (Delivering the Leading Judgment): This appeal is against the ruling of the Federal High Court, Lagos delivered by HON. JUSTICE M.B IDRIS on the 30/1/2015 wherein the trial Court dismissed the Appellant's motion dated 10/7/2014 seeking an order of Court to set aside the subpoena duces tecum dated and filed on the 22nd May, 2014 issued against the 3rd Appellant in this suit. Dissatisfied with the ruling, the Appellants filed an Amended Notice of Appeal dated and filed 8/5/2015 and deemed on the 25/2/16 raising 6 grounds of appeal.
The facts of the case are that the Respondent took out an Originating Summons against the Appellants challenging their decision to exclude the Respondent from the club. The Appellants challenged the jurisdiction of the Court. The Respondent then made an application to the Court for subpoena duces tecum to be issued against the 3rd Appellant ex parte. Prior to the said application, the Appellants had challenged the jurisdiction of t…