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AGBAJE, J.S.C. (Delivering the Leading Judgment): The background material to this appeal is as follows. The plaintiffs, Chief R.A. Okoya, Mrs. K. Okoya and Albion Construction Ltd. sued the defendants, S. Santilli, A. Davanzo and Prince D.A. Ademiluyi in a Federal High Court Lagos Division, claiming against them the following reliefs:-
1. A declaration that the document, copies of which were lodged with the registrar of Companies and the Federal Inland Revenue Department, to which the 1st and 2nd plaintiffs were subscribers, is the only true memorandum and articles of association of the Albion Construction Co. Ltd.
2. An injunction restraining the 1st, 2nd and 3rd defendants and/or any person acting with or on their direction or authority from conducting the affairs of the Albion Construction Co. Ltd. and in particular from operating the account of the said company in any bank whatsoever on the basis of any memorandum and articles of association other than that mentioned in paragraph …