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CHISCO SAMUEL TRADING COMPANY LIMITED v. VINCENT ILOERIKE & ORS

(2016) JELR 36921 (CA)

Court of Appeal  •  CA/L/861/2009  •  24 May 2016  •  Nigeria

Coram
UZO I. NDUKWE-ANYANWU JCA; CHINWE EUGENIA IYIZOBA JCA; SAMUEL CHUKWUDUMEBI OSEJI JCA;

Judgement

UZO I. NDUKWE-ANYANWU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Ruling of the Federal High Court holden at Lagos State delivered on 13th day of October, 2009 by Hon. Justice J. E. Shakarho.

The facts as briefly stated:

By a writ of summon together with statement of claim the 1st - 16th Respondents as Plaintiffs claimed against the 1st - 7th Defendant now as follows:

"a) A DECLARATION that the 2nd to 16th defendants are not elected executives of Association of Progressive Traders (APT) Lagos having not been duly elected and therefore cannot act, perform or carry out any duty on behalf of the Association as executives.

b) A DECLARATION that is unlawful for a trustee of the Association of Progressive Traders of Nigeria to act as elected executive member except as provided for in the Association's Constitution.

c) AN ORDER OF PERPETUAL INJUNCTION restraining the 2nd to 6th defendants from presenting and parading themselves as the elected executives of Association…

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