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ECOBANK NIGERIA LIMITED V. HONEYWELL FLOUR MILLS PLC

(2018) JELR 50550 (SC)

Supreme Court  •  SC.402/2016  •  13 Jul 2018  •  Nigeria

Coram
OLABODE RHODES-VIVOUR JSC; MARY UKAEGO PETER-ODILI JSC; JOHN INYANG OKORO JSC; CHIMA CENTUS NWEZE JSC; AMIRU SANUSI JSC;

Appearances
G.C. Duru, Esq. with him, O.A. Divine, Esq. For Appellant Olabode Olanipekun, Esq. with him, Faith Adarigbofua, Esq., Shola Bojuwoye, Esq., Opemipo Olorunfemi, Esq. and Kolawole Aro, Esq. For Respondent

Judgement
<p><strong>JOHN INYANG OKORO, J.S.C. (Delivering the Leading Judgment):</strong> This is an appeal against the judgment of the Court of Appeal, Lagos Division delivered on 30th March, 2016 in Appeal No CA/L/1247/2015 wherein the Court below set aside the Ruling of the Learned Trial judge of the Federal High Court sitting in Lagos which refused to set aside ex-parte orders made against the Respondent herein. A brief facts of the case giving birth to this appeal may be stated thus:-</p><p>The Appellant herein, as plaintiff at the trial Federal High Court filed a petition on the 9th of November, 2015 and sought the following reliefs against the Respondent (as defendant):</p><p>&quot;WHEREOF your petitioner therefore humbly prays as follows:-</p><p>(a) That HONEYWELL FLOUR MILLS PLC with Registration No. 55495 be WOUND-UP by the Court under the provisions of Sections 409(1) and 410(1) of Companies and Allied Matters Act, Cap C20 Laws of the Federation of Nigeria, 2004.</p><p>(b) Or such other Order (s) may be made in the premise as this Hon…</p>

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