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UNITED FOAMS PRODUCTS NIGERIA LIMITED & ORS V. ALHAJI SAKA OPOBIYI & ANOR

(2017) JELR 37684 (CA)

Court of Appeal  •  CA/IL/100/2014  •  29 Jun 2017  •  Nigeria

Coram
MOJEED ADEKUNLE OWOADE JCA; HAMMA AKAWU BARKA JCA; BOLOUKUROMO MOSES UGO JCA;

Appearances
Joseph S. Bamigboye, SAN with him, T.K. Abdullahi, Esq., Mrs. F. O. Bamidele and Mrs. Blessing Oni For Appellant Akin Akintoye 11 with him, Miss A.O. Akintoye for the 1st Respondent/ Cross-Appellant.2nd Respondent is unrepresented. For Respondent

Judgement

BOLOUKUROMO MOSES UGO, JCA (Delivering the Leading Judgment): This appeal and cross-appeal are against the 15th November 2013 judgment of the Federal High Court of Nigeria, sitting at Ilorin, delivered by Faji, J., in Suit No. FHC/IL/CS/13/2007.

Before that Court the 1st respondent/cross-appellant, Alhaji Saka Opobiyi, a minority shareholder in the 1st appellant/cross-respondent Company (United Foams Products Nig. Ltd), as sole plaintiff, by a writ of summons issued on 11/06/2007, claimed against the appellants/cross-respondents and the 2nd respondent (Corporate Affairs Commission), as 1st to 8th defendants, the following relief:

1. Declaration that the shareholding of the 2nd defendant in the 1st defendant as reflected on Form CO2 assessed and filed on 04/11/2003 is unauthorized, irregular, contrary to the provisions of the 1st defendants constitution, policies and agreements and the laws of the land and therefore illegal, null and void.

2. Declaration that it is illegal, unlawful, miscโ€ฆ

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