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CASCADE CONTROLS LIMITED & ANOR V. THE PORT HARCOURT CHAMBERS OF COMMERCE & ORS

(2018) JELR 34456 (CA)

Court of Appeal  •  CA/PH/572/2016  •  19 Feb 2018  •  Nigeria

Coram
ISAIAH OLUFEMI AKEJU JCA; CORDELIA IFEOMA JOMBO-OFO JCA; BITRUS GYARAZAMA SANGA JCA;

Appearances
C. E. EZE ESQ. with him, E.E. BRIGGS ESQ. and B.O. UGBARI ESQ. For Appellant D. TELLA ATTONI ESQ. For Respondent

Judgement

BITRUS GYARAZAMA SANGA, J.C.A. (Delivering the Leading Judgment): Before the Federal High Court of Nigeria, Port Harcourt Judicial Division, Holden at Port Harcourt, A. M. LIMAN J. presiding, the Respondents instituted suit No. PHC/FH/CS/84/2014 as Plaintiffs against the Appellants as 1st set of Defendants (the 2nd set of Defendants were 1: FELASO FARMS LIMITED. 2: DR. FELIX O. FELIX) via an Originating Summons dated 14th April, 2014 claiming to be entitled to the following reliefs: -

1. A declaration that by virtue of the Articles of Association of the Port Harcourt Chamber of Commerce, Industry, Mines and Agriculture, (1st Plaintiff), every of its member is under a contractual obligation and duty to pay Annual subscription to it, particularly in the Month of January each year.

2. A declaration that the defendants having failed, neglected and refused to pay the said Annual subscription, particularly since the 31st of January, 2013 till date, ipso facto cease to be members and/or have f…

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