(1995) JELR 45363 (SC)    

Supreme Court  ·  SC.94/1991 ·  4 Jul 1995 ·  Nigeria
Other Citations
Gombe v. P.W. (Nig.) Ltd. (1995) 6 NWLR (Pt.402)402
Gombe v. P.W. (Nig.) Ltd. (1995) 6 NWLR (Pt. 402) 402
MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria YEKINI OLAYIWOLA ADIO Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria
Core Terms Beta
court of appeal
respondent company
locus standi
court of appeal rules
learned trial judge
order of the court
original jurisdiction
federal high court
proper order
appeal number
cause of action
honourable court
interlocutory application
such further order
1st respondent
amended petition
determination of the appeal
general powers of the court
jurisdiction of the court of appeal
ruling of the court of appeal
agent mr. h.v. flinn
applicant holds n30.000 shares
certificate of incorporation of the company
court of appeal ruling
court of its inherent jurisdiction
decision of the court of appeal
determination of this case
director of the respondent company
exercise of proprietary rights
following orders
foss v. harbottle
ground of want of jurisdiction
high court of a state
honourable court of appeal
honourable federal high court
leading judgment
learned trial judge eigbedion j.
leave of court
order of the honourable court
period mr. h. v. flinn
provision of the companies act
pursuance of the said meeting
ruling of the trial federal high court
said p.w. dublin
simple reason

KUTIGI, J.S.C. (Delivering the Leading Judgment): The Petitioner by an amended petition filed in the Federal High Court, Ilorin on the 17th October, 1988 prayed as follows:-

"(i) That P.W. (Nigeria) Limited be wound-up by the Court under the provision of the Companies Act 1968.

(ii) And for such further order(s) as may be just to make in the circumstance.

(iii) Your humble petitioner will at the hearing of the petition rely on the Certificate of Incorporation of the Company. Photostat copy of the letter ref. No. CAD/CR/POL.200/13 and the letters stated in paragraphs above and or any other document or documents in any way connected with the petition."

While the petition was still pending the petitioner brought an interlocutory application in these terms:-

(1) An order that P.W. of Dublin, its servants or agents or howsoever, be restrained from holding out itself as having proprietary interest either as shareholder or Director or Managing Director in the respondent company and to rende…

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