DANJUMA JCA (Delivering the Lead Judgment): The claimants, now appellants in this appeal had instituted a case at the Federal High Court, sitting in Lagos in suit No. FHC/L/CS/618/07 wherein they claimed, per their writ of summons dated 4 July 2007 as follows:
“(a) A declaration that the non-service of the originating processes in suit No. FBT/KNZ/CV/230/98 - Nigeria Deposit Insurance Corporation v.
1. Tony Anthony Nigeria Limited
2. Chief Tony Maria Opia and
3. Nnamdi Oyeka
At the Failed Bank’s Tribunal, Kano Zone on the plaintiffs as required by law is in breach of the plaintiffs’ constitutional right to fair hearing as guaranteed under section 33(1) of the Constitution of the Federal Republic of Nigeria, 1979 as amended being the law in force at the relevant date.
(b) A declaration that the non-service of the notice of hearing as provided for in paragraph 15(1) of the Failed Banks (Recovery of Debts and Financial Malpractices in Banks) Decree, No. 18 of 1994 as amended on the plain…