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WEMA BANK PLC. & ORS v. PRINCE (DR.) B.A. ONAFOWOKAN & ORS

(2004) JELR 33028 (CA)

Court of Appeal  •  CA/L/303/01  •  25 Mar 2004  •  Nigeria

Coram
JAMES OGENYI OGEBE JCA; SULEIMAN GALADIMA JCA; CHRISTOPHER MITCHELL CHUKWUMA-ENEH JCA;

Judgement

OGEBE, J.C.A. (Delivering the Leading Judgment): The three appellants sued the respondents in the Federal High Court, Lagos, seeking a number of declaratory and injunctive reliefs in respect of the receivership of the 2nd appellant company.

The respondents brought a notice of preliminary objection before the High Court, seeking an order of the court to strike out the suit on the ground of incompetence. The trial court upheld the objection and struck out the action for incompetence, especially as the 1st and 3rd appellants instituted the action in the name of the 2nd appellant without the leave of court.

The 1st appellant was dissatisfied with the ruling of the lower court and appealed to this court. The learned Counsel for it filed an amended brief of argument which raised only one issue for determination as follows:

"Whether a person appointed as a receiver of a company pursuant to S.393(3) of the Companies and Allied Matters Act, 1990, must have such appointment confirmed by the cou…

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