OGUNTADE, J.C.A. (Delivering the Leading Judgment):On 4thJune, 1999, the respondent as petitioner brought a claim against the appellants wherein it sought the following reliefs:
"(a) A declaration that the business of the company shall be carried out in accordance with the resolutions of the board of directors or where impracticable as provided for in the memorandum and articles of association of the company.
(b)A declaration that the 2nd to the 4th respondents are subordinate and answerable to the board of directors of the company in all their actions in the management of the company.
(c)A declaration that all actions or expenditure over N 1,000,000.00 embarked upon by the 2nd to 4th respondent which actions or expenditure are not authorised or ratified by the board of director of the company are ultra vires their powers and should be accounted to the company.
(d)An order of court nullifying or setting aside the Garki model market commissioning exercise by the 2nd to the 4th Respondents …