GENERAL & AVIATION SERVICES LTD.
V.
THAHAL

(2004) JELR 45033 (SC)    

Supreme Court  ·  SC.222/2000 ·  16 Apr 2004 ·  Nigeria
 · 
Other Citations
Gen. & Aviation Serv. Ltd. v. Thahal (2004) 10 NWLR (Pt.880)50 (2004) 18 NSCQR 225
Gen.Aviation Serv. Ltd. v. Thahal (2004) 10 NWLR (Pt. 880) 50
CORAM
IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria SAMSON ODEMWINGIE UWAIFO Justice of The Supreme Court of Nigeria AKINTOLA OLUFEMI EJIWUNMI Justice of The Supreme Court of Nigeria DAHIRU MUSDAPHER Justice of The Supreme Court of Nigeria
Core Terms Beta
court
company
respondent
provisional liquidator
facts
said mr. sunday olubadewo
case
exhibit sks
appointment of a provisional liquidator
assets of the company
learned trial judge
copy of a letter
family business
trial court
affidavit evidence
official receiver
15th october
interim injunction
part of the petitioner
support of the motion
honourable court
present case
valuable assets
contrary extra-ordinary general meetings
director of the respondent
interests of other aviation operators
learned judge
managing director of the respondent
matter of fact
preservation orders
proper exercise of discretion
proper person
account of the operations of the company
aviation services
company matter
court official
exclusion of our petitioner
exercise of his discretion
exercise of its power
following orders
following paragraphs of the petition
foregoing facts
grant of an interlocutory injunction
interests of your petitioner
leading judgment
relevant documents
result of the wrongful acts
s. k. s. olubadewo
such special circumstances
view of the petitioner

UWAIFO, J.S.C. (Delivering the Leading Judgment): This is a company matter in which a petition has been brought by a party who claims to be a shareholder and contributory, praying the court to wind-up the company, namely, the appellant. The ground for seeking a winding-up, as I understand it, is stated in the petition to be "oppression". The following paragraphs of the petition seem to be the mainstay of the alleged oppression upon which it is claimed that it would be just and equitable to wind-up the company:

"10. Since 1988, the said Mr. Sunday Olubadewo has been running the company in a manner that has completely marginalized and excluded the interests of your petitioner in the company and has continued to do so till date.

11. The said Mr. Sunday Olubadewo has abused his position as Chairman and Managing Director and has managed and administered the company as if it were his own private property.

12. The said Mr. Sunday Olubadewo has been running the company as his family busines…

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