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GENERAL & AVIATION SERVICES LTD. V. CAPTAIN PAUL M. THAHAL

(2004) JELR 45033 (SC)

Supreme Court  •  SC.222/2000  •  16 Apr 2004  •  Nigeria

Coram
IDRIS LEGBO KUTIGI JSC; ALOYSIUS IYORGYER KATSINA-ALU JSC; SAMSON ODEMWINGIE UWAIFO JSC; AKINTOLA OLUFEMI EJIWUNMI JSC; DAHIRU MUSDAPHER JSC;

Judgement

UWAIFO, J.S.C. (Delivering the Leading Judgment): This is a company matter in which a petition has been brought by a party who claims to be a shareholder and contributory, praying the court to wind-up the company, namely, the appellant. The ground for seeking a winding-up, as I understand it, is stated in the petition to be "oppression". The following paragraphs of the petition seem to be the mainstay of the alleged oppression upon which it is claimed that it would be just and equitable to wind-up the company:

"10. Since 1988, the said Mr. Sunday Olubadewo has been running the company in a manner that has completely marginalized and excluded the interests of your petitioner in the company and has continued to do so till date.

11. The said Mr. Sunday Olubadewo has abused his position as Chairman and Managing Director and has managed and administered the company as if it were his own private property.

12. The said Mr. Sunday Olubadewo has been running the company as his family busines…

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