CORAM

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PARTIES

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1.    HENDRICK SCHEP

2.    MRS. BISI GEORGE

3.    LAYINKA ESTATES LIMITED

APPELLANTS 

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1.    MR.PETER JAMES ASIFO-EGBE

2.    CORPORATE AFFAIRS COMMISSION

3.    FRANK EGBE

4.    WWEYIMI EGBE

5.    PETER THOMAS ABOYOWA IKOMI

RESPONDENTS 

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AREA(S) OF LAW

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SUMMARY OF FACTS

The Respondents as Plaintiffs filed an action before the Federal High Court, Lagos Division against the Appellants as Defendants. The Appellants filed two motions before the court firstly a Notice of Preliminary Objection challenging the Jurisdiction of the lower Court on the ground that the 1st Respondent is not a competent party to institute an action for alleged irregularity against the 3rd Appellant and that the lower court lacks jurisdiction regarding intestate succession to estate or inheritance of shares comprised in the estate of a deceased amongst other grounds and  secondly, an application seeking that the Court strike out the suit because the 1st Respondent had instituted the action in a fictitious name or a name other than his real or recognized legal name. The preliminary objection was heard and evidence adduced by both parties. The trial court after due consideration of the arguments of the parties before it entered judgment in favour of the Respondent. The Appellants being dissatisfied with the said ruling, has filed the instant appeal.

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HELD

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Appeal Dismissed

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ISSUES

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1. Was the Trial Court right when it declined to determine questions of its jurisdiction raised in Appellant’s Notice of Preliminary Objection dated May 28th 2009; but instead directed the Appellants to present their jurisdictional objections in a statement of defence??    Was the Trial Court right when it held that the 1st Respondent can institute and maintain an action for relief in a name other than hid real or recognized legal name?

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RATIONES DECIDENDI

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CASES CITED

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STATUTES REFERRED TO

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Administration of Estate Law of Lagos State

Companies and Allied Matters Act Cap C20 LFN 2004

Constitution of the Federal Republic of Nigeria, 1999 (as amended)

Court of Appeal Act

Federal High Court Rules 2009

High Court of Lagos State (Civil Procedure) Rules 2009

 

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