ADAMA DIPCHARIMA & ANOR V. ALHAJI UMAR ALI & ANOR

G. S. SOWEMIMO, J.S.C. (Delivering the Leading Judgment): This appeal is against the judgments of Hague Ag. J., in Suit No. NEM/15/71 delivered respectively on 11/6/73 and 20/11/73. On 10/12/73 the learned trial Judge also awarded cost of N1,420 to the respondents.

The claims of the plaintiffs, who are now the appellants before us, are set out in paragraph 10 of the Statement of Claim which reads:-

"10. It will be the Plaintiffs case that no meetings of Directors or shareholders of the 2nd Defendant Company have been summoned or held to their knowledge since the death of the late Zanna Bukar Dipcharima aforesaid.

In consequence of the foregoing the Plaintiffs have suffered loss and damage and claim from the defendants jointly and severally:-

(1) A declaration that the 1st Defendant has no proprietary in the second defendant company not being a shareholder in the said company.'

On this first claim the learned trial Judge held as follows:-

"Among other things the Plaintiffs ask for a d…