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BARRISTER A.C. AGU v. BARRISTER M.N. DURU & ORS

(2017) JELR 37495 (CA)

Court of Appeal  •  CA/K/340/2014  •  3 Feb 2017  •  Nigeria

Coram
OBIETONBARA O. DANIEL-KALIO JCA; OLUDOTUN ADEBOLA ADEFOPE-OKOJIE JCA; AMINA AUDI WAMBAI JCA;

Judgement

OBIETONBARA O. DANIEL-KALIO, J.C.A. (Delivering the Leading Judgment): Before us is an appeal against an interlocutory Ruling of the Kano State High Court in a matter commenced by way of an originating summons by the 1st set of Respondents in this appeal. The originating summons prayed the lower Court to determine the following question, viz:-

1. Whether in the light of the provisions of Section 15 of the Umuaka Development Union (UDU) Kano branch, the property known as No. 35 Abeokuta Road Sabon Gari, Kano, belonged solely to the Umuaka Development Union Kano Branch or the shareholders, which include Umuaka Development Union, Kano branch.

2. Whether in the light of the provisions of Section 15 of the constitution of Umuaka Development Union (UDU) Kano branch read alongside the entire provisions of the constitution of Umuaka Development union (UDU) Kano branch, the first Defendant can unilaterally suspend the shareholders meeting and dissolve the Board of Trustees of the property known …

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