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  • F.U.M.B. Ltd. v. Aerobell Nig. Ltd.
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  • 2005-10-17
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F.U.M.B. Ltd. v. Aerobell Nig. Ltd.

FIDELITY UNION MERCHANT BANK LTD.

V

AEROBELL NIGERIA LIMITED

CHIEF VICTOR I. ODILI

CHIEF JAMES O. K. IDORNIGIE

MR. ALFRED OKOIGUN

COURT OF APPEAL

( LAGOS DIVISION )

ISA AYO SALAMI JCA ( Presided )

MUSA DATTIJO MUHAMMAD JCA

CLARA BATA OGUNBIYI JCA (Read the Lead Judgment)

CA/L/325/2000

WEDNESDAY, 13TH JULY, 2005 

ACTION - Cause of action - Definition of

ACTION - Cause of action - Determination of - Rationale for relying on statement of claim to determine

ACTION - Cause of action - Mere identification of - Whether means the action will succeed

ADMINISTRATION OF JUSTICE - Impartiality of hearing - Need for court to be impartial

COURT - Impartiality - Need for court to be impartial

JURISDICTION - Locus standi and jurisdiction - Inter-relationship of

LOCUS STANDI - Definition of - How determined - Processes court will consider in determining

LOCUS STANDI - Jurisdiction and locus standi - Inter-relationship of 

LOCUS STANDI - Lack of -  Effect

PRACTICE AND PROCEDURE - Cause of action - Determination of Rationale for relying on statement of claim in respect thereof

PRACTICE AND PROCEDURE - Cause of action - Mere identification of - Whether means the action will succeed

PRACTICE AND PROCEDURE - Reliefs claimed by party - Bindingness of

PRACTICE AND PROCEDURE - Reply on point of law - Attitude of court thereto

WORDS AND PHRASES - ‘Cause of action’ - Definition of

WORDS AND PHRASES - ‘Locus standi’ - Definition of

Issues:

1.              Whether the learned trial Judge erred in failing to strike out the petition on the grounds that the petitioners lacked locus standi.

2.              Whether the learned trial Judge erred in failing to strike out the petition for failure to disclose a reasonable cause of action.

3.              Whether the learned trial Judge erred in law in deciding that having arrived at the conclusion “that the petitioners herein have the necessary locus standi to present this petition and further that the petition discloses a reasonable cause of action”, he could not go on to hold that the petition is frivolous, vexatious and an abuse of process.

Facts:

This suit was initiated by the respondents as petitioners before the Federal High Court Lagos. The petitioners were former members of the appellant company and they initiated this action to claim certain dividends which had accrued to them before they sold their equity in the company. The appellant reacted to the petition by filing a motion on notice challenging the right of the petitioners to bring the action and that the suit discloses no reasonable cause of action. The motion was heard and dismissed by the trial court. Being aggrieved, the appellant filed this appeal.