AP PLC
V.
ADENIYI & ORS.

(2011) JELR 46103 (CA)    

Court of Appeal  ·  CA/A/216/M/03 ·  14 Mar 2011 ·  Nigeria
CORAM
MOHAMMED LAWAL GARBA Justice of The Court of Appeal of Nigeria JIMI OLUKAYODE BADA Justice of The Court of Appeal of Nigeria REGINA OBIAGELI NWODO Justice of The Court of Appeal of Nigeria
Core Terms Beta
court
trial court
ground
learned counsel
2nd respondent
learned trial judge
notice of appeal
derivative action
1st respondent
federal high court
substantive suit
affairs of the 1st respondent
decision of the court
interlocutory appeal
record of appeal
trial judge
3rd respondent
5th respondents
jurisdiction of the court
substantive action
2nd respondents
appellate courts
decision of the federal high court
lower court
notice of preliminary objection
principle of law
respective parties
appellant mr. audu anuga
appellant reply brief
appropriate authority
briefs of argument
cause of action
court of appeal rules
determination of issues
following cases
grounds of appeal
have issues
honourable court
leading judgment
leave of this honorable court
mr. ayanlaja
new area of company law
particular issue
reason of its failure
respect of the motion
rules of this court
said ground
such further order
support of an application

REGINA OBIAGELI NWODO, J.C.A. (Delivering the Leading Judgment): This is an interlocutory appeal against the decision of the Federal High Court, Abuja Division in suit No. FHC/ABJ/PET/5/2002 delivered on the 15th of January, 2003.

The Appellant was the 1st Respondent in the Court below. The 1st and 2nd Respondents were the petitioners and the 3rd, 4th and 5th Respondents were all Respondents.

The petitioners in the Federal High Court commenced this matter by filing a petition dated 17th September, 2002 seeking the following reliefs.

(i) A DECLARATION that the appropriate authority vested with power by Section 314 of the Companies and allied Matters Act to cause an investigation to be conducted into the affairs of the 1st respondent which is a Company having Share Capital is the Corporate Affairs Commission. (ii) A DECLARATION that it is not lawful for the President of the Federal Republic of Nigeria to set up the 2nd Respondent presided over by the 3rd Respondent to investigate the af…

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