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PONSON ENTERPRISES NIGERIA LTD. & ORS. V. CELESTINE CHUKWUMA NJIGHA

(2000) JELR 47972 (CA)

Court of Appeal  •  CA/E/108/99  •  13 Jul 2000  •  Nigeria

Coram
EUGENE CHUKWUEMEKA UBAEZONU JCA; SULE AREMU OLAGUNJU JCA; MUSA DATTIJO MUHAMMAD JCA;

Judgement

OLAGUNJU, J.C.A. (Delivering the Leading Judgment): The appeal is from the order appointing an official receiver to take over and administer the warehouses of Ponson Enterprises Nigeria Ltd., the 1st defendant/appellant, located at Onitsha made by Ajakaiye, J., of the Federal High Court, Enugu. The order is sequel to the action filed by the respondent as the plaintiff against the 1st appellant, hereinafter called 'the company', the 3rd appellant, the company's Chairman and Managing Director, the Corporate Affairs Commission as the 4th defendant and the 2nd defendant.

In his statement of claim the plaintiff/respondent asked for declaratory reliefs against the 4 defendants that (a) he is still a director of the company dated 15/1/97 removing him from the Board of the company (b) that the resolution of the company and/or its management and filed with the 4th defendant is null and void and (c) that neither the 3rd defendant nor any of her 2 infant children is a director of the company. In…

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