OGUNTADE, JCA (Delivering the Lead Judgment): The appellant was the plaintiff before the Federal High Court, Lagos in suit No. FHC/L/ CS/403/99 had claimed in its writ of summons against four defendants including the 1st, 2nd and 3rd respondents in this appeal. The 2nd defendant before the lower court i.e. Lever Brother Nigeria Plc. has not been made a party to this appeal. The claims were for:-
“1. Declaration that by the retirement of the 3rd defendant from the 2nd defendant’s company that presented him as its representative in the 1st defendant, the 3rd defendant no longer have (sic) authority to act as and or exercise the functions of the president of the 1st defendant without being sponsored by another member and being elected at a duly elections (sic) for the appointment of a president.
2. Declaration that the actions of the 3rd defendant purportedly as president of the 1st defendant after his said retirement from the 2nd defendant over a year ago are illegal, null and void and…