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DYS TROCCA VALESSIA LIMITED & ORS V. SEGUN SANYAOLU & ORS

(2016) JELR 40970 (CA)

Court of Appeal  •  CA/A/189/2015  •  26 Apr 2016  •  Nigeria

Coram
ABDU ABOKI JCA; JOSEPH EYO EKANEM JCA; MOHAMMED MUSTAPHA JCA;

Judgement

JOSEPH EYO EKANEM, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Federal High Court, Abuja (the trial Court) delivered on 26th February, 2015 in Suit No. FHC/ABJ/CS/2/2013. In the judgment, the trial Court found in favour of the 1st - 4th respondents (as Petitioners) and granted the reliefs sought by them including a declaration that the 1st appellant was being run in a manner that was illegal, oppressive and unfairly prejudicial to the 1st - 4th respondents.

Aggrieved by the decision, the appellants have appealed to this Court by filing two notices of appeal, viz; one filed of 27/2/2015 and the second filed on 18/5/2015. It is to be noted that in his brief of argument filed on 1/6/2011, appellants' counsel elected to rely on the notice of appeal filed on 18/5/2015. Accordingly, the notice of appeal filed on 27/2/2015 is hereby struck out.

It is pertinent to state even though in summary some of the facts forming the background of the appeal. The 1s…

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