CORAM

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UWAIS JUSTICE, SUPREME COURT

WALI, JUSTICE, SUPREME COURT

U. OMO JUSTICE, SUPREME COURT

KAWU JUSTICE, SUPREME COURT

B.O. BABALAKIN JUSTICE, SUPREME COURT

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PARTIES

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THE ROAD TRANSPORT EMPLOYERS ASSOCIATION OF NIGERIA

APPELLANTS 

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 THE NATIONAL UNION OF ROAD TRANSPORT WORKERS

RESPONDENTS 

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AREA(S) OF LAW

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CAUSE OF ACTION – COURT-LOCUS STANDI-JURISDICTION-PRACTICE AND PROCEDURE  

 

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SUMMARY OF FACTS

The court of appeal dismissed the appellant’s case after finding that the appellant lacks locus standi.

 

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HELD

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 The court held that the matter ought to have been struck out and not dismissed.  

 

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ISSUES

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Whether the court of appeal was right in dismissing the appellant’s case having found that the appellant lacks locus standi to make the claim. 

 

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RATIONES DECIDENDI

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ORDER TO BE MADE BY COURT WHEN A PLAINTIFF HAS NO LOCUS STANDI

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‘When a court holds that a plaintiff has no locus standi in respect of a claim the consequential order to be made is striking out of such claim and not a dismissal of the claim.’ Per Babalakin J.S.C

 

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CASES CITED

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Oloriode v. Oyebi (1984) 5 S.C.1; (1984) 1 SCNLR 390; 

Nigeria Airways v. Lapite (1990) 7 NWLR (Pt.163) 392

 

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STATUTES REFERRED TO

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