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AKEBONO INDUSTRIAL COMPANY NIGERIA LIMITED & ORS v. OBINYA PLASTICS LIMITED & ORS

(2013) JELR 34077 (CA)

Court of Appeal  •  CA/OW/136/2011  •  11 Jun 2013  •  Nigeria

Coram
UWANI MUSA ABBA AJI JCA; JOHN INYANG OKORO JCA; PHILOMENA MBUA EKPE JCA;

Judgement
<p>JOHN INYANG OKORO, J.C.A. (Delivering the leading : ): By a petition dated the 29th day of April, 2010 and filed on the 5th May, 2010, the 1st, 2nd, 3rd and 4th respondents (as petitioners), prayed the Federal High Court sitting in Owerri for the following orders against the appellants and the 5th to 17th respondents to wit:</p><p> "(1) That 1st respondent be wound up by the court under the provisions of the Companies and Allied Matters Act.</p><p> (2) AN ORDER that the assets of the 1st respondent be shared in accordance with the shareholding structure between the petitioners and the 1st respondent.</p><p> (3) Any order that may be made in the circumstances."</p><p> The facts which are relevant to the determination of this case are as contained in the petition as the appellants are not challenging any of the facts averred and even referred to these facts in their brief of argument. The salient facts as contained in paragraph 5 of the petition ire as follows:</p><p> 1) The 1st to 3rd respondents were allotted sha…</p>

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