Austin O.erebor V. Major & Company (Nig.) Ltd. & Anor (2000)

LawGlobal-Hub Lead Judgment Report

OGUNTADE, J.C.A.

The appellant was the plaintiff before the Federal High Court, Lagos in suit No. FHC/L/CS/118/93 and the respondent the defendant. The appellant filed his writ of summons on 28/4/93.

The defendants after they were served reacted by bringing an application that the suit be terminated on the ground that the lower court has no jurisdiction to entertain it. The grounds for bringing the application were stated thus:

“(a) The plaintiff has no locus standi to maintain this action.

(b) Only the 1st defendant can sue in respect of the reliefs claimed by the plaintiff in this suit.”

The lower court heard the application and in its ruling on 24-3-97 upheld the contention of the respondents. The suit was accordingly struck out. Dissatisfied, the plaintiff has brought this appeal on two grounds of appeal which read.

“(a) The trial court was in error of law for declining jurisdiction to hear this matter on the ground that:

(b) The plaintiff/appellant has no locus standi to maintain the action.

(c) Only the 1st defendant/respondent can sue in respect of the reliefs claimed by the plaintiff in the suit.

Particulars of Error:

Plaintiff/appellant is a shareholder of the 1st defendant/respondent’s company albeit a minority shareholder. Nevertheless he is still a shareholder whose rights and liabilities are protected and guaranteed under the law.

The learned trial Judge erred in law by proceeding to consolidate suits Nos. FHC/L/CS/118/93; FHC/B/100/95 and FHC/UCS/ 683/95 suo motu and without application from either party or hearing address on the point by their counsel.

Particulars of Error:

The three suits were filed at different times claiming different reliefs between different parties. The learned trial Judge consolidated the three cases wrongly in the manner he did on the authority of Onyejekwe v. The Nigeria Police Council (1996) 7 NWLR (Pt. 463) 704 at 707.”