judy.legal
Login Register
📄 PDF

BANK BOSTON NA USA & ORS V. VICTOR ADEGOROYE & ANOR

(1999) JELR 43621 (CA)

Court of Appeal  •  CA/L/46/99  •  12 Oct 1999  •  Nigeria

Coram
GEORGE ADESOLA OGUNTADE JCA; ATINUKE OMOBONIKE IGE JCA; AMIRU SANUSI JCA;

Appearances
Prof. A. B. Kasunmu, SAN (with him, Bankole Aluko, SAN, Niyi Adegbonmire and A.B. Kasunmu) - for the 1st and 2nd AppellantsProf. A. B. Kasunmu, SAN (with him, A. B. Kasunmu, Esq.)- for the 3rd, 4th and 5th Appellants For Appellant M. T. Egbwith (Miss) (with her, A, O. Oke [Miss] and B. Onyekwe [Mrs.) For Respondent

Judgement

OGUNTADE, J.C.A. (Delivering the Leading Judgment): The Respondents were the plaintiffs before the Federal High Court Lagos and the Appellants were the Defendants. I shall in this judgment refer to the parties as the 'plaintiffs'' and "defendants'. The plaintiffs issued their Writ of Summons on 4/2/99 and made five heads of claim which centred around some shares worth Two Hundred Million Naira said to have been transferred by the 1st and 2nd defendants to the 3rd and 4th defendants.

On 5-2-99, the plaintiffs brought an application ex parte wherein they prayed for

"an interim injunction restraining the defendants, their servants, agents and/or privies from taking any action in furtherance of the Notice of Extra-Ordinary General Meeting dated the 11th of January, 1999 convening a meeting for February 15th, 1999 at 10.00 am a copy of which annexed hereto and marked Exhibit 'A' pending the determination of the substantive action."

It would appear that although the plaintiffs' application …

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login