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ODUTOLA HOLDINGS LTD & ORS V.MR. KUNLE LADEJOBI & ORS

(2006) JELR 36287 (SC)

Supreme Court  •  SC.263/2001  •  12 May 2006  •  Nigeria

Coram
SYLVESTER UMARU ONU JSC; AKINTOLA OLUFEMI EJIWUNMI JSC; DAHIRU MUSDAPHER JSC; IKECHI FRANCIS OGBUAGU JSC; WALTER SAMUEL NKANU ONNOGHEN JSC;

Judgement

EJIWUNMI, JSC (Delivering the Leading Judgment): This appeal is the culmination of the action commenced at the Federal High Court by the appellants when they instituted this action against the respondents for the following reliefs as depicted in paragraph 32 of their statement of claim dated 9th October, 2000 thus:

"32. Whereof the plaintiffs claim as follows:

i) A declaration that the purported meeting of shareholders of the 1st plaintiff company held on 12th September, 2000 is illegal, null and void having been convened contrary to the provisions of the Articles of Association of the 1st plaintiff company and the provisions of the Companies and Allied Matters Act, 1990 concerning the convening of general meetings.

ii) A declaration that the purported removal of the 2nd to 7th plaintiffs as directors of the 1st plaintiff company and the purported appointment of the 1st to 10th defendants as directors of the 1st plaintiff company by a resolution allegedly passed at the purported meet…

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