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ALHAJI M. U. GOMBE v. P.W. (NIGERIA) LIMITED & ORS

(1995) JELR 45363 (SC)

Supreme Court  •  SC.94/1991  •  4 Jul 1995  •  Nigeria

Coram
MUHAMMADU LAWAL UWAIS JSC; IDRIS LEGBO KUTIGI JSC; EMMANUEL OBIOMA OGWUEGBU JSC; YEKINI OLAYIWOLA ADIO JSC; ANTHONY IKECHUKWU IGUH JSC;

Judgement

KUTIGI, J.S.C. (Delivering the Leading Judgment): The Petitioner by an amended petition filed in the Federal High Court, Ilorin on the 17th October, 1988 prayed as follows:-

"(i) That P.W. (Nigeria) Limited be wound-up by the Court under the provision of the Companies Act 1968.

(ii) And for such further order(s) as may be just to make in the circumstance.

(iii) Your humble petitioner will at the hearing of the petition rely on the Certificate of Incorporation of the Company. Photostat copy of the letter ref. No. CAD/CR/POL.200/13 and the letters stated in paragraphs above and or any other document or documents in any way connected with the petition."

While the petition was still pending the petitioner brought an interlocutory application in these terms:-

(1) An order that P.W. of Dublin, its servants or agents or howsoever, be restrained from holding out itself as having proprietary interest either as shareholder or Director or Managing Director in the respondent company and to rendeā€¦

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