GBADAMOSI & ORS
V.
ALETE & ANOR

(1992) JELR 44640 (CA)    

Court of Appeal  ·  CA/PH/232/91 (2) ·  2 Jul 1992 ·  Nigeria
 · 
Other Citations
Gbadamosi v. Alete (1993) 2 NWLR (Pt. 273)
Gbadamosi v. Alete (1993) 2 NWLR (Pt. 273) 113
CORAM
REIDER JOE JACKS Justice of The Court of Appeal of Nigeria EMMANUEL TAKON NDOMA-EGBA Justice of The Court of Appeal of Nigeria DENNIS ONYEJIFE EDOZIE Justice of The Court of Appeal of Nigeria
Core Terms Beta
consequential order
order
appellants
learned trial judge
defendants
executive chairman
general manager
lower court
mr. nwogu
plisson fisko
1st plaintiff
5th appellant company
determination of the appeal
charge of the management of the financial affairs
facts of the present appeal
federal high court
interlocutory injunction
o.c.j. okocha esq
orders
respondent
suo motu
village council
appeal court
ben o. nwogu esq
chairman of its board of directors
chairman of the 5th defendant company
consequential order amounts
court of appeal act
decision of the appeal
decisions of the 5th defendant company
execution of the order
fair hearing
hand of the learned trial judge
inviting counsel
leading judgment
managing director edet u. okokon
ndoma-egba
nullification of a number of resolutions
number of other reliefs
opposing party
paragraphs b-d. learned counsel
particulars of claim
peculiar circumstances of this case
present situation
related suit
respect of the issue
ruling of the court
stay of execution of the learned trial judge
stay of proceedings
urgent need

NDOMA-EGBA, J.C.A. (Delivering the Leading Judgment): The consequential order complained of by the appellants herein arose from an application on Notice filed by the defendants in a pending and related suit in the Federal High Court, Port Harcourt. The 1st plaintiff/respondent on record sought in the suit aforementioned a declaration that he (1st plaintiff/respondent) is still the chairman of the 5th defendant company and chairman of its Board of Directors. He added in the said suit a prayer for nullification of a number of resolutions and decisions of the 5th defendant company on the grounds that these were taken ultra vires. A number of other reliefs mentioned in the printed record were also claimed. In course of hearing the suit aforesaid, the appellants herein brought a motion which, apparently, is interlocutory but in effect, mandatory. They solemnly asked for a stay of proceedings in the main suit and an order prohibiting the respondents from implementing the resolution and orde…

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