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HONEYWELL FLOUR MILLS PLC v. ECOBANK NIGERIA LTD

(2016) JELR 37030 (CA)

Court of Appeal  •  CA/L/1247/2015  •  30 Mar 2016  •  Nigeria

Coram
SIDI DAUDA BAGE JCA; SAMUEL CHUKWUDUMEBI OSEJI JCA; ABIMBOLA OSARUGUE OBASEKI-ADEJUMO JCA;

Judgement

SAMUEL CHUKWUDUMEBI OSEJI, J.C.A. (Delivering the Leading Judgment): This appeal challenges the Ruling of the Federal High Court, Lagos Division delivered by M. N. YUNUSA J. on the 4th day of December 2015.

The Respondent herein had as Plaintiff in the Lower Court filed a petition dated and filed on the 9th of November 2015 sought the following reliefs against the Defendant (now Appellant).

WHEREOF your Petitioner therefore humbly prays as follows:-

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) (b) of Companies and Allied Matter Act, Cap C20 Laws of the Federation of Nigeria, 2004 .

b. Or such other Order(s) may be made in the premise as this Honorable Court consider just in the circumstance.

Contemporaneous with the said petition the Respondent filed a motion Exparte on the same 9-11-2015 seeking five orders against the Appellant and other parties.

In a nutshell, the Respondent??s case was tha…

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