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NIGERIAN ACCEPTANCES & ANOR
V.
COUTINHO CARO & CO.

(1974) JELR 41084 (SC)

Supreme Court 3 Jun 1974 Nigeria
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- The case concerns a petition for the winding-up of West African Steel and Wire Ltd., initiated by creditor Messrs. Coutinho Caro and Co., to which all creditors, including Nigerian Acceptances Ltd., consented via Terms of Settlement. - Th

Case Details

Suit Number:SC.184/1974
Judges:GEORGE BAPTIST AYODOLA COKER Justice of The Supreme Court of Nigeria GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria DAN IBEKWE Justice of The Supreme Court of Nigeria
Counsel:Mr. J.G. Bentley for Appellants, Nigerian Acceptances Ltd.).Chief F.R.A. Williams for Appellants, (West African Steel and Wire Ltd.). Mr. K.K. Shomade for Wafios. For Appellant Mrs.O.O. Johnson, Senior State Counsel, for Board of Customs and Excise.Mr. J.G. Adekoya for petitioners, Coutinho Caro & Co. For Respondent
Other Citations:(1974) All N.L.R 220 (1974) 6 S.C. 27

COKER, J.S.C. (Delivering the Leading Judgment): The appeals have not raised any fundamental issue as all parties concerned agree to the appeals and indeed asked that they should be allowed. Both the Nigerian Acceptances Ltd. and the West African Steel and Wire Ltd. have contended before us that the Terms of Settlement filed by the parties concerned-Leo the company to be wound-up (West African Steel and Wire Ltd.) and the petitioners for winding-up (Messrs. Coutinho Caro and Co.) are agreeable to all the other creditors of the company and that in the event the learned trial judge should have made the order of winding-up sought.

We are of the view that the learned trial judge in refusing to make the order on the grounds that neither section 209(e) nor section 321 of the Companies Decree entitled him to make the order sought, clearly overlooked the provisions of Rule 227 of the Winding-up Rules which apply to these proceedings the general rules of court in civil cases. In the present ma…

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