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AL-RISSALAH PRINTING & PUBLISHING CO. LTD & ORS V. KASSEM EL-HOUSSEINI & ORS

(2007) JELR 48144 (CA)

Court of Appeal  •  CA/K/357/04  •  18 Apr 2007  •  Nigeria

Coram
AMIRU SANUSI JCA; KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JCA; OLUKAYODE ARIWOOLA JCA;

Judgement

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.C.A.(Delivering the Leading Judgment): This is an appeal and cross-appeal against the judgment of the Federal High Court Kaduna in suit no. FHC/KD/CS/1/02 delivered on 30/7/03.

The appellants were plaintiffs at the trial court. They instituted an action against the respondents as defendants by a writ of summons dated 31/1/02. In paragraph 31 of their Statement of Claim they sought the following reliefs:

a) "A DECLARATION that there was no Board Meeting or Annual General Meeting of the Company held on 15th January, 2002.

OR

A DECLARATION that the purported Board Meeting or Annual General Meeting said to have held on 15th January, 2002 is null, void, illegal and of no effect.

b) AN ORDER SETTING ASIDE the purported Board Meeting and Annual General Meeting purportedly held on 15th January, 2002 and all proceedings, decisions and resolutions purportedly carried.

c) AN ORDER OF PERPETUAL INJUNCTION restraining the Defendants by themselves, servan…

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