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AG IMO STATE v. IMO RUBBER ESTATES LTD

(2019) JELR 91628 (CA)

Court of Appeal  •  CA/OW/287/2016  •  10 May 2019  •  Nigeria

Coram
RITA NOSAKHARE PEMU, J.C.A. ITA GEORGE MBABA, J.C.A. IBRAHIM ALI ANDENYANGTSO, J.C.A.

Judgement

MBABA, J.C.A. (Delivering the Leading Judgment): This appeal emanated from the decision of the Federal High Court, Owerri, in suit No. FHC/OW/CS/253/2011, delivered by Hon. Justice O.O.Oguntoyingbo, on 12th November, 2014, wherein the learned trial Judge granted the reliefs sought by the Plaintiff and awarded it Seventy Five Million Naira (N75,000,000.00) for the losses the company incurred in respect of its business due to the acts of the defendants (now appellants) which resulted in this dispute.

At the trial court, the plaintiff (now 1st respondent) had sued the 4 defendants (now appellants and the 2nd and 3rd respondents) byway of originating summons, seeking the following reliefs:

1) Declaration that Imo Rubber Estates Limited is a Private Limited Liability Company having separate and distinct legal personality from the shareholders of which Imo State Government is just a shareholder.

2) Declaration that in accordance with the allotment of shares filed at the Corporate Affairs Regis…

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