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LEADERS & COMPANY LIMITED V. CHRISTLIEB PLC & ORS

(2016) JELR 42294 (CA)

Court of Appeal  •  CA/L/860B/11  •  18 May 2016  •  Nigeria

Coram
SIDI DAUDA BAGE JCA; ABIMBOLA OSARUGUE OBASEKI-ADEJUMO JCA; JAMILU YAMMAMA TUKUR JCA;

Appearances
B. OgungbamilaJ. Ehiedu, J.Onugwu For Appellant Rotimi Jacobs, II. E. Okoh (Miss)A. Muoka For Respondent

Judgement

SIDI DAUDA BAGE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Honourable Justice J.E. Shakarho of the Federal High Court sitting at Lagos in suit No. FHC.L.CS.540/2004, delivered on the 13th of December, 2010. The Plaintiff (now 1st Respondent) at paragraph 34 of the amended statement of claim, claimed against the Defendants jointly and severally as follows:

i. A declaration that the 1st and 2nd Defendants have no right, power, mandates or jurisdiction to act for the Plaintiff or manage its affairs as Managing Director and Company Secretary respectively, particularly to the extent of dissipating, selling off, transferring or assigning to the 3rd Defendant the assets and, or immovable property of the Plaintiff and the appurtenances thereon situate, lying and being at No. 35 Creek Road, Apapa, Lagos.

ii. A declaration that the purported sale, transfer, disposition, alienation or assignment of the Plaintiffs landed property and the appurtenances t…

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