CHIEF (DR.) E.N. OJUKWU V. THE REGISTERED TRUSTEES OF THE ASSOCIATION OF LUXURY BUS OWNERS OF NIGERIA

OBASEKI-ADEJUMO JCA (Delivering the Lead Judgment): This is an appeal against the ruling of the Federal High Court, Lagos Division,

Coram Nyako J., delivered on 1 March 2012. By an originating summons , the respondent (as plaintiff) claimed against the appellant (as defendant) at the lower court the following reliefs: 1. A declaration that upon proper construction of section 596(1 ) and (2) of the Companies and Allied Matters Act, 2004, the defendant is not, but the plaintiff is the rightful person or authority entitled to have custody of the properties and original documents of title to the property owned by the Association of Luxury Bus Owners of Nigeria. 2. A declaration that upon a proper construction of section 593(c)(i) of the Companies and Allied Matters Act, 2004 ; Article Vi(b)(v) of the Constitution of the Association of Luxury Bus Owners of Nigeria; the deed of lease made on 30 July 1993 between the Federal Military Government of the Federal Republic of Nigeria and the Lux…