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THE REGISTERED TRUSTEES OF OMADINO DEVELOPMENT ASSOCIATION V. (TEGAS) DANSMARK NESHEC LIMITED MR. MARK AGBEYEGBE V. O. GRANT & CO. MR. V. O. GRANT

(2015) JELR 52285 (CA)

Court of Appeal  •  CA/B/109/2004  •  11 May 2015  •  Nigeria

Coram
IBRAHIM MOHAMMED MUSA SAULAWA JCA (Presided) HAMMA AKAWU BARKA JCA UGOCHUKWU ANTHONY OGAKWU JCA (Read the Lead Judgment)

Appearances
Appellant absent and not represented by counsel. -*- V. O. Grant Esq. - for the Respondents.

Judgement

OGAKWU JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the Federal High Court, Benin Division, Coram Judice Attta, J. (as he then was), delivered on 9 February 2004. The appellant, who was the plaintiff at the lower court, claimed the following reliefs against the respondents as defendants at the lower court, jointly and severally as follows: A declaration that the 2nd defendant’s trading or carrying on business under the name or title of the 1st defendant which has not been duly incorporated by the Corporate Affairs

Commission, Abuja as a private limited liability company or at all is illegal. 2. A perpetual order of injunction restraining the 2nd defendant by himself, his servant, agents or privies or otherwise howsoever from further trading or carrying on business under the name or title of the 1st defendant. 3. An order directing the 2nd defendant who is the 1st defendant’s proprietor and alter ego to pay into the coffers of the Federal Governmen…

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