Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



EZEONWU
V.
ONYECHI & ORS.

(1996) JELR 46154 (SC)    

Supreme Court  ·  SC.275/1991 ·  27 Feb 1996 ·  Nigeria
 · 
Other Citations
Ezeonwu v. Onyechi (1996) 3 NWLR (Pt.438)499
Ezeonwu v. Onyechi (1996) 3 NWLR (Pt. 438) 499
CORAM
SALIHU MODIBBO ALFA BELGORE JSC IDRIS LEGBO KUTIGI JSC MICHAEL EKUNDAYO OGUNDARE JSC YEKINI OLAYIWOLA ADIO JSC ANTHONY IKECHUKWU IGUH JSC

Ratio Decidendi

Core Terms Beta
plaintiff
1st defendant
exhibit foe
articles of association
2nd defendant
trial court
court of appeal
companies act
learned trial judge
3rd defendant
exhibits foe
federal high court
order of this honourable court
honourable court
present subscriber
circular letter
civil cases
days of the order
following documents
judgment of the trial court
mrs. uche offia-nwali
particulars of directors
said plaintiff
1st defendants
2nd respondents
accepted findings
articles of association of the proposed company
award of pecuniary compensation
complete control of the affairs of the 2nd defendant
declaratory reliefs
financial burden of the formation of the company
following facts
formation of a company
further participation
incorporation of a private company
leading judgment
members of this organisation
name of the 2nd defendant
number of documentary exhibits
plaintiff's claims
request of the 2nd defendant
requirements of the law
respect of plot no.
rules of this court
share capital
such meetings
such prayer grant
view of the judgment of the trial court

OGUNDARE, J.S.C. (Delivering the Leading Judgment): There existed an organisation known as the Ufuma Practical Praying Band with headquarters at Ufuma in the Aguata Local Government Area of Anambra State. It had a branch in Kano where the 1st defendant in these proceedings lived for many years. Sometime in June 1978 seven members of this organisation met and agreed among themselves to plan and finance the formation of a company to manufacture biscuits. The plaintiff and the 1st defendants were among these seven members. Series of meetings were held and contributions made towards the objective. It would appear, however, that the financial burden of the formation of the company fell mostly on the plaintiff and the 1st defendant. A legal practitioner, Mrs. Uche Offia-Nwali (now dead) was briefed by the 1st defendant to incorporate the company. She filed the necessary documents required by the Companies Act. 1968 for the incorporation of a private company with limited liability. Among the…

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