J.A. OBANOR & CO. LTD. V. CO-OPERATIVE BANK LTD.

MOHAMMED, J.S.C. (Delivering the Leading Judgment): In this appeal, the appellant, J.A. Obanor and Co. Limited, as plaintiff at the Benin City High Court, filed an action claiming several declarations and an injunction against the respondent. In response, the respondent as the defendant before the trial High Court denied all the claims and filed a counter-claim against the appellant. The plaintiff's claim as per it's amended statement of claim is as follows:

"(a) A declaration that the said Mr. J.A. Obanor ceased to be a Director of the plaintiff's company as from 14th July, 1976, and as such is incompetent to create any obligation for and on behalf of the plaintiff's company with the defendant or any other company.

(b) A declaration that the plaintiff company limited in liability as a corporate body is not competent to enter into and could not enter into any contract transaction beyond its normal share capital with the defendant company.

(c) A declaration that the signatory, Mr. J.A.…