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FELIX OKOLI EZEONWU V. CHIEF CHARLES A. ONYECHI & ORS.

(1996) JELR 46154 (SC)

Supreme Court  •  SC.275/1991  •  27 Feb 1996  •  Nigeria

Coram
SALIHU MODIBBO ALFA BELGORE JSC IDRIS LEGBO KUTIGI JSC MICHAEL EKUNDAYO OGUNDARE JSC YEKINI OLAYIWOLA ADIO JSC ANTHONY IKECHUKWU IGUH JSC

Appearances
Dr. J.O. Ibik, SANM.V.C. Ozioko For Appellant Chief (Dr.) E. Ume, SANL. Afolabi For Respondent

Judgement

OGUNDARE, J.S.C. (Delivering the Leading Judgment): There existed an organisation known as the Ufuma Practical Praying Band with headquarters at Ufuma in the Aguata Local Government Area of Anambra State. It had a branch in Kano where the 1st defendant in these proceedings lived for many years. Sometime in June 1978 seven members of this organisation met and agreed among themselves to plan and finance the formation of a company to manufacture biscuits. The plaintiff and the 1st defendants were among these seven members. Series of meetings were held and contributions made towards the objective. It would appear, however, that the financial burden of the formation of the company fell mostly on the plaintiff and the 1st defendant. A legal practitioner, Mrs. Uche Offia-Nwali (now dead) was briefed by the 1st defendant to incorporate the company. She filed the necessary documents required by the Companies Act. 1968 for the incorporation of a private company with limited liability. Among the…

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