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TIKA-TORE PRESS LTD. & ORS. V.AJIBADE ABINA & ORS.

(1973) JELR 41782 (SC)

Supreme Court  •  SC.276/1969  •  26 Apr 1973  •  Nigeria

Coram
GEORGE BAPTIST AYODOLA COKER JSC; GEORGE SODEINDE SOWEMIMO JSC; AYO GABRIEL IRIKEFE JSC;

Judgement

G. B. A. COKER, JSC (Delivering the Leading Judgment): The appellants are the defendants to an action instituted in the High Court of Lagos by the following and under the designation shown hereunder- .

"1. AJIBADE ABINA

2. MUIBI ABINA Plaintiffs

3. RAIMI ABINA

4. SIKIRU ABINA

As administrators of the estate of Monsuru Badaru Abina (deceased) for themselves and on behalf of other members of Tika-Tore Press Limited, excepting the individual defendants."

The plaintiffs' writ was endorsed thus-

"1. A declaration that the allotment of 91 ordinary shares in the 1st defendant company made on the 18th day of January, 1968 by the 2nd, 3rd and 4th defendants as directors of the 1st defendant company and/or the acquisition by the individual defendants thereby resulting and the subsequent entry of their names in respect thereof in the register of members of the 1st defendant company is ultra vires void and of no effect and should be set aside.

"2. An injunction restraining the 2nd, 3rd, 4th, 5th …

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