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BANK BOSTON NA USA & ORS
V.
ADEGOROYE & ANOR

(1999) JELR 43621 (CA)

Court of Appeal 12 Oct 1999 Nigeria
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Case Details

Suit Number:CA/L/46/99
Judges:GEORGE ADESOLA OGUNTADE Justice of The Court of Appeal of Nigeria ATINUKE OMOBONIKE IGE Justice of The Court of Appeal of Nigeria AMIRU SANUSI Justice of The Court of Appeal of Nigeria
Counsel:Prof. A. B. Kasunmu, SAN (with him, Bankole Aluko, SAN, Niyi Adegbonmire and A.B. Kasunmu) - for the 1st and 2nd AppellantsProf. A. B. Kasunmu, SAN (with him, A. B. Kasunmu, Esq.)- for the 3rd, 4th and 5th Appellants For Appellant M. T. Egbwith (Miss) (with her, A, O. Oke [Miss] and B. Onyekwe [Mrs.) For Respondent
Other Citations:Bank Boston NA USA v. Adegoroye (2000) 2 NWLR (Pt.644) pg. 217 BANK BOSTON NA USA & ORS. V. VICTOR ADEGOROYE & ANOR.

OGUNTADE, J.C.A. (Delivering the Leading Judgment): The Respondents were the plaintiffs before the Federal High Court Lagos and the Appellants were the Defendants. I shall in this judgment refer to the parties as the 'plaintiffs'' and "defendants'. The plaintiffs issued their Writ of Summons on 4/2/99 and made five heads of claim which centred around some shares worth Two Hundred Million Naira said to have been transferred by the 1st and 2nd defendants to the 3rd and 4th defendants.

On 5-2-99, the plaintiffs brought an application ex parte wherein they prayed for

"an interim injunction restraining the defendants, their servants, agents and/or privies from taking any action in furtherance of the Notice of Extra-Ordinary General Meeting dated the 11th of January, 1999 convening a meeting for February 15th, 1999 at 10.00 am a copy of which annexed hereto and marked Exhibit 'A' pending the determination of the substantive action."

It would appear that although the plaintiffs' application …

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