(2022) JELR 109135 (CA)    
Court of Appeal  ·  CA/C/303/2015 ·  18 Jan 2022 ·  Nigeria
James Shehu Abiriyi, JCA Muhammed Lawal Shuaibu, JCA Ademola Samuel Bola, JCA
Core Terms Beta
appellant's company
federal high court
lower court
stonecraft marble
allied matters act
unregistered company
due demand
learned trial judge
registered company
cross river state high court
registered office
suit no. hc
23rd day of september
appellant's brief
appellant's motion
court of jurisdiction
exhibit a
notice of appeal
respect of issue no.
11th may
5th day of may
above suit
amount of the debt
appellant's counsel
behalf of the plaintiff
behalf of the respondent
claim of the respondent
date of such demand
decision of the federal high court
default judgment
delivery of the judgment
demand of may 11th
fresh demand
grant of the application
leading judgment
liability of the respondent
obvious wrong law
original indebtedness
pronouncement of the court
respondent's case
ruling of the lower court
suit no. fhc
trial court
winding up of unregistered companies
written law

ADEMOLA SAMUEL BOLA, J.C.A. (Delivering the Leading Judgment): This appeal is a challenge to the decision of the Federal High Court, Calabar Division contained in the ruling delivered on the 23rd day of September, 2014 by his Lordship, Hon. Justice E. A. Obile in Suit No. FHC/M91/2011.

Dissatisfied with the ruling of the lower Court, the Appellant filed its Notice of Appeal dated 3rd day of October, 2014 at the lower Court. The Notice of Appeal consists of two grounds. The Appellant's Brief of Argument was filed on 5th day of May, 2016 and deemed filed on 10th day of January, 2017 upon the grant of the application praying for an extension of time to file the brief and to deem same as properly filed and served. The Respondent filed no Brief of Argument. Prior to this, the Record of Appeal was transmitted to this Court on 2nd day of December, 2015.

The Appellant's Brief of Argument settled by W. S. Ogar, Esq. distilled two issues for determination:

1. Whether the learned trial Judge did no…

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