P. NNAEMEKA-AGU, JSC (Delivering the Leading Judgment): In this interlocutory appeal, the parties have held drastically different views, including the configuration of the parties to this appeal. So, parties on both sides have stated the parties widely differently. But because of an issue in this appeal, I should retain the arrangement of the parties in the ruling before the Court of Appeal which led to this appeal.
The antecedents of this appeal are as interesting as the appeal itself. From an affidavit dated 20th January, 1992, Chief Onwuka Kalu (herein designated the "person interested''), Chief Victor I. Odili, Chief N.O. Nwojo, Chief J.I. Orji and Mr. K.A. Maduka have been shareholders and directors of the respondent/Bank. The person interested has been the Chairman of the Bank since 1988 and from the various proceedings before the Court he has not been removed. There was a dispute between the different shareholders as to the quantum of shareholding of individual members. This di…