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AQUA-AGRO INDUSTRIES NIG. LTD V. MR. JACK SAGRANI

(1998) JELR 45633 (CA)

Court of Appeal  •  CA/L/127/92  •  16 Dec 1998  •  Nigeria

Coram
MORONKEJI OMOTAYO ONALAJA JCA; IGNATIUS CHUKWUDI PATS-ACHOLONU JCA; OKWUCHUKWU OPENE JCA;

Appearances
Chike Chighue For Appellant Ayo Obe (Ms.) For Respondent

Judgement

PATS-ACHOLONU, J.C.A, (Delivering the Leading Judgment): This appeal arose from a decision given by the court below on consolidated motions filed by two parties which were argued together. The ruling was read on 29/11/91. It is pertinent to give the backgrounds of this case. By a writ of summons dated 23/4/91, the plaintiff claimed against the defendant as follows.

"(1) An order that the defendant is not a director of the plaintiff and has no right to act for the plaintiff in any respect whatsoever.

(2) An order that the defendant is not a shareholder or member of the plaintiff and has no rights whatsoever in the plaintiff company.

(3) An order that the plaintiff's resolution dated 22nd of March, 1991 wherein it was resolved that the foreign partners of the Company namely Messrs. Jack Sagrani and Cyrus K. Gasder be dispensed with and that the Federal Ministry of Internal Affairs/Federal Ministry of Industries be requested to withdraw, revoke and cancel the business permit No. MW B.PUR…

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