FASEL SERVICES LIMITED & ANOR. V. NIGERIAN PORTS AUTHORITY & ANOR.

M. MOHAMMED, J.S.C. (Delivering the Leading Judgment): Fasel Services Limited, the 1st Appellant in this appeal is a Limited Liability Company which was incorporated on 22nd August, 1978 with the then registered name of Fag Africana Services Limited. The 2nd Appellant Chief M. O. Kanu is the Chairman and Chief Executive of the Board of Directors of the 1st Appellant. Between 1983 and 1986, the 2nd Respondent which is a body or fund established and funded by the 1st Respondent, a body created by the Federal Government of Nigeria by statute, bought and was duly allotted with 1,330,000 Ordinary Shares of the 1st Appellant Company. When between 1987 and 1989, the 1st Appellant found itself in financial stress resulting in the appointment of a receiver manager by one of its creditors; it approached the 2nd Respondent to further invest in the Company by the purchase of additional shares and provision of loan through acquisition of Debentures secured by Deed of Mortgage. This request resulte…