OGUNBIYI JCA (Delivering the Lead Judgment): The plaintiffs/ appellants’ claims giving rise to this appeal were taken out by a writ of summons dated 7th and filed 8th January, 2002 against the two defendants/ respondents for the following:-
A declaration that the 1st plaintiff representing the interests of the 2nd plaintiff is a bona fide director of the 2nd defendant.
A declaration that the 2nd plaintiff is a shareholder of the 2nd defendant.
A declaration that the 1st defendant, chairman of the 2nddefendant acted ultra vires and without lawful authority in issuingthe letter dated 19th November, 2001which effectively asked for the resignation of the 1st plaintiff from the board of the 2nd defendant. A declaration that it is ultra vires the 1st defendant to ask for the resignation of the 1st plaintiff. A declaration that it is only the 2nd plaintiff, the interest of whom the 1st plaintiff represents that can withdraw the 1st plaintiff’s nomination to the board of the 2nd defendan…