Facts:

The appellant (formerly Mainstreet Bank Registrars Limited) instituted a suit at the Federal High Court against the respondents.

On 31st October 2015 the 1st respondent acting in his capacity as head of the 2nd respondent, issued an internal memo with the directive that only replica of case files should be forwarded to the Court of Appeal. The appellant who had some of its case files in the custody of the respondents felt aggrieved by the directive issued and upon feeling its right may likely be infringed proceeded to file a suit against the respondents via Originating Summons seeking for certain reliefs and determination of some questions by the lower court. The respondents in response filed a preliminary objection challenging the competence of the action as well as a counter-affidavit to the originating summons.

In its final decision, the lower court upheld the respondents’ preliminary objection and dismissed the appellant’s suit. The lower court held inter alia that it cannot review the actions of the respondents; being a court coordinate jurisdiction.

Dissatisfied with the decision of the lower court, the appellant appealed to the Court of Appeal.