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GENERAL & AVIATION SERVICES LTD.
V.
THAHAL

(2004) JELR 45033 (SC)

Supreme Court 16 Apr 2004 Nigeria
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- This is a company matter in which a shareholder has brought a petition to wind-up the company, claiming oppression. - The petitioner alleges that the managing director has marginalized and excluded their interests in the company, abused h

Case Details

Suit Number:SC.222/2000
Judges: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
Counsel:M. D. Belgore, SAN (with him, Pauline Abulume [Miss]) For Appellant O. A. Ogunlesi, Esq. For Respondent
Other Citations:Gen. & Aviation Serv. Ltd. v. Thahal (2004) 10 NWLR (Pt.880)50 (2004) 18 NSCQR 225

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…

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