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N.A.B. KOTOYE v. MRS. F.M. SARAKI & ANOR

(1994) JELR 18873 (SC)

Supreme Court  •  SC.147/1993  •  29 Jul 1994  •  Nigeria

Coram
ABUBAKAR BASHIR WALI JSC; IDRIS LEGBO KUTIGI JSC; MICHAEL EKUNDAYO OGUNDARE JSC; SYLVESTER UMARU ONU JSC; YEKINI OLAYIWOLA ADIO JSC;

Judgement

KUTIGI, JSC (Delivering the Leading Judgment): In the consolidated suits Nos. LD/845/87 and LD/938/87 the plaintiffs together and the 2nd plaintiff alone respectively claimed against the defendant as follows:-

"LD845/87

(1) A declaration that the 2,400,000 shares and the Bonus, Scripts and other shares attached thereto standing in the name of the defendant in the Register of Shareholders of Societe Generale Bank (Nigeria) Limited is held by him in trust for the plaintiffs (or alternatively) for the 2nd plaintiff;

(2) An order directing an Inquiry into the amount of any dividends which may have been received by the defendant as holder of the afore-mentioned shares up to the date of the judgment herein;

(3) An order of injunction restraining the defendant from holding or dealing with the aforesaid shares otherwise than as trustee for the plaintiff and in accordance with the lawful direction of the plaintiff or the appropriate authorities.

(4) An order for rectification of the Registrar…

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