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NOGA HOTELS INTERNATIONAL S.A. V. NICON HOTELS LIMITED & ORS.

(2007) JELR 47983 (CA)

Court of Appeal  •  CA/A/143/04  •  2 Feb 2007  •  Nigeria

Coram
IBRAHIM TANKO MUHAMMAD JCA; OLUFUNMILOLA OYELOLA ADEKEYE JCA; CHIDINWAOMA UWA JCA;

Judgement

CHJDI NWAOMA UWA, .J.C.A.: (Delivering the Leading Judgment): The appeal is against the judgment of the Federal High Court, Abuja (hereafter referred to as the trial Court) delivered on the 27th day of May 2004 in Suit No. FHC/ABJ/PET/1/2002.

The Suit was commenced by way of Petition by the appellant as Petitioner pursuant to Section 300 of the Companies and Allied Matters Act, 1990 dated 10th April, 2002 and filed on the 11th day of April 2002 against the Respondents. The Appellant claimed against the Respondents jointly and severally as follows:

"(1) A Declaration that the Board of Directors of the 1st Defendant has no power or authority to transfer the accounts of the 1st Defendant being run under the title and business name of NICON HILTON HOTEL with the 4th to the 9th Defendants to the 2nd Defendant.

(2) A Declaration that the transfer or purported transfer of the accounts referred to in paragraph thereof by the 1st Defendant to the 2nd Defendant is illegal, null and void of no …

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