I. T. MUHAMMAD, J.S.C (Delivering the Leading Judgment): The appellant herein was the petitioner at the Federal High Court, Benin City with the respondent as respondent to the petition. In the petition which was filed on the 21st November, 1995, the petitioner averred that the respondent was incorporated under the Companies Act in the month of June, 1964 with its registered office at No.6 Reservation Road, Benin City. The nominal Capital of the respondent Company was ₦20 million divided into 10,000,000 shares of ₦2.00 each. The appellant claimed to be a member of the respondent holding 20% of its share capital having acquired 22,000 shares of the respondent's nominal share capital on the 27th March, 1965. The Government of the then Bendel State, held 80% of the respondent's share capital. Appellant averred further that he was a creditor to the respondent and as a lessor, he assigned to the respondent the unexpired term of his Mining Lease M.L. 17825 by an agreement dated 30th April, 1…
ADO IBRAHIM & CO.LTD
V.
BENDEL CEMENT CO. LTD
(2007) JELR 48188 (SC)
Supreme Court 13 Apr 2007 Nigeria
Case
Key Passages 8
Citing Cases 49
BriefBot Summary
- The appellant filed a petition to wind up the respondent company, claiming to be a member and creditor of the company. - The appellant alleged that the respondent was insolvent and unable to pay its debts. - The court below found that the
Case Details
Suit Number:SC.284/2001
Judges:SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria
DAHIRU MUSDAPHER Justice of The Supreme Court of Nigeria
IKECHI FRANCIS OGBUAGU Justice of The Supreme Court of Nigeria
IBRAHIM TANKO MUHAMMAD Justice of The Supreme Court of Nigeria
PIUS OLAYIWOLA ADEREMI Justice of The Supreme Court of Nigeria
Counsel:Appellant absent and not represented by counsel For Appellant
Chief Charles Adogah (with him, N. Adogah and K.O. F Obamogoe) For Respondent
Other Citations:Ado Ibrahim & Co. Ltd. v. B.C.C. Ltd. (2007) 15 NWLR (Pt.1058) 538 (2007) 4 S.C (Pt I) 33 (2007) 4 S.C (Pt I) 33
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