ALERUCHI ETCHESON NSIRIM (TRADING UNDER THE NAME AND STYLE OF ETCHESON AND SONS BLOCK MOULDING INDUSTRY (NIGERIA) LTD.) V. ONUMA CONSTRUCTION COMPANY (NIGERIA) LTD

BELGORE, J.S.C. (Delivering the Leading Judgment): The respondent was the plaintiff at the trial High Court of Rivers State. The appellant was the defendant. At the Court of Appeal holden at Port Harcourt the present appellant was appellant cross-respondent while the present respondent was the Cross-appellant. The appellant was, at the material time to the suit leading to this appeal, a director of the respondent. According to its statement of claim, in paragraph 3 thereof, four directors of the Company met sometime in March 1980 and resolved to set up a block making industry. The four directors, namely Chief Omunakwe Nyeche Nsirim, Aleruchi Etcheson Nsirim and Nyeche Nsirim, agreed to set up a concrete block making industry and that the appellant should manage it. Apparently the four directors of the respondent were acting not only as directors but to an extent as a family involved in business. They resolved as follows as per the plaintiff's statement of claim:

"(a) That as a Constru…