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CELTEL NIGERIA LTD V. ECONET WIRELESS LTD & ANOR.

(2010) JELR 46542 (CA)

Court of Appeal  •  CA/L/764/07  •  13 Apr 2010  •  Nigeria

Coram
CLARA BATA OGUNBIYI JCA; RAPHAEL CHIKWE AGBO JCA; ADAMU JAURO JCA;

Judgement

R.C. AGBO, J.C.A.(Delivering the Leading Judgment):The appellant is the first defendant in Suit No. FCH/C/1S/172/2003. By paragraph 26 of the amended statement of claim, the plaintiff claimed of the defendant as follows:

"1. A declaration that the plaintiff is still a shareholder and member of the 1st defendant company.

2. A declaration that the 1st defendant's letter of 24th November, 2003 removing the plaintiff's name as shareholder and member of the 1st defendant company is illegal, null and void.

3. A declaration that all General Meetings (be they Annual or Extra Ordinary) of the 1st defendant held after the 13th November, 2003 and to which the plaintiff was not put on notice are irregular, illegal, null and void.

4. A declaration that all resolutions passed by the company in lieu of the holding of a general meeting pursuant to the provisions of section 234 of the Companies Allied Matters Act 1990 to which the plaintiff is not a party is irregular, illegal, null and void.

5. A d…

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