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ABRAHAM N. OSADARE & ORS. v. LIQUIDATOR, NIGERIA PAPER MILLS LTD. & ANOR.

(2011) JELR 33408 (CA)

Court of Appeal  •  CA/IL/91/2009  •  8 Dec 2011  •  Nigeria

Coram
TIJJANI ABDULLAHI JCA; JOSEPH SHAGBAOR IKYEGH JCA; ITA GEORGE MBABA JCA;

Judgement

ITA G. MBABA, J.C.A (Delivering the Leading Judgment): This is an appeal against the Ruling of the Federal High Court in suit No. FHC/PET/1/2005 (Coram: Bilikisu B Aliyu J), delivered on 29/2/2009. Appellants in their motion filed on 30/10/2006 in the said suit had appealed against the decision of the Respondent (Appointed Liquidator of Nigerian Paper Mills Ltd) rejecting the Appellants' claims against the company-in-liquidation. The Grounds for the Appeal were:-

(1) The Liquidator was in error in law by relying on the purported tripartite agreement between the Federal Ministry of Industry, and paper and Papers Products Senior Staff Association/Union Printing, Publishing and Paper Workers;

(2) Also, the Appellants were not parties to any agreement between the Federal Ministry of Industry, and Paper and Papers products Senior Staff Association/Union Printing, Publishing and Paper Workers in respect thereof;

(3) Assuming without conceding that there was any agreement in respect thereof,…

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