Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



FRANK & ORS.
V.
ABDU

(2002) JELR 44427 (CA)    

Court of Appeal  ·  CA/K/11/2000 ·  2 Jul 2002 ·  Nigeria
CORAM
RABIU DANLAMI MUHAMMAD JCA MAHMUD MOHAMMED JCA VICTOR AIMEPOMO OYELEYE OMAGE JCA

Ratio Decidendi

Core Terms Beta
court
respondent
locus standi
order
appellants
issue of locus standi
preliminary objection
5th march
lower court
respondent's action
6th appellant
locus standi of the plaintiff
stay of proceedings
order holding
honourable court
annual general meeting of the company
circumstances of this matter
clear view
directors of the company of their lawful right
learned counsel
official copies of the company
plaintiff inter alia
profit of the company
said account
wrongful company resolutions
aspect of the case
breach of the statutory provisions of section
claims of the respondent
companies decree
costs of the said taking of the accounts
court of law handles
following reliefs
following terms
hon. court
interest of the plaintiff
interlocutory appeal
issue of the construction
learned trial judge adeniyi j.
own seek redress
paragraph affidavit
root of the case
ruling of adeniji j. of the federal high court kaduna
said 1st
serious questions of law
share holders
shareholders agreement
supervision of the honourable court
want of jurisdiction

MAHMUD MOHAMMED, J.C.A. (Delivering the Leading Judgment): This is an interlocutory appeal against the ruling of Adeniji J. of the Federal High Court Kaduna delivered on 13/8/99 dismissing a preliminary objection challenging the locus standi of the plaintiff to institute the action against the defendants and refusing stay of proceedings in the action pending reference to arbitration. The respondent in this appeal was the plaintiff at the court below and instituted an action by a Writ of Summons dated 4/2/99 and claimed against the defendants now appellants the following reliefs:-

"(1) A Declaration that in breach of the statutory provisions of Section 344(i) and 345(1) (2) and 349(2) of the Companies Decree 1999 and despite the penalties provided for this and other breaches in Sections 344-349 and 368-369 thereof, the Defendants have failed in respect of the 96/97 Financial Returns and the 96 Annual General Meeting of the Company, to supply official copies of the Company's Financial S…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login