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NATIONAL PALM PRODUCE ASSOCIATION OF NIGERIA LTD (GTE) & ANOR V. UDOM UDOM & ORS

(2013) JELR 35621 (CA)

Court of Appeal  •  CA/C/167/2011  •  23 May 2013  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA; UZO I. NDUKWE-ANYANWU JCA; JOSEPH TINE TUR JCA;

Appearances
Aniefiok W. Atakpa For Appellant Nyong Nyong For Respondent

Judgement
<p><strong>UZO I. NDUKWE-ANYANWU, JCA</strong> (Delivering the Leading Judgment): This is an appeal against the judgment of the Federal High Court sitting in Uyo in suit No. FHC/UY/CS/57/2010 delivered on 2nd day of March, 2011. Being dissatisfied, the Appellants who were plaintiffs in the court below filed a notice and three grounds of appeal. The Appellants as plaintiff filed an originating summons and claimed against the Respondents as defendants as follows:</p><p> &quot;(a) A DECLARATION that the purported emergency executive meetings or executive meetings of National Palm Produce Association of Nigeria Limited by Guarantee alleged held on 18th January, 2010, 25th January, 2010 and 1st February, 2010 were and are invalid having regard to the provisions of the Memorandum and Article or Association of National Palm Produce Association of Nigeria Limited by Guarantee and of the Companies and Allied Matters Act.</p><p> (b) A DECLARATION that all the actions taken howsoever and the entire proceedings of the purported execut…</p>

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