OBANOR & COMPANY LTD.
V.
CO-OPERATIVE BANK LTD.

(1995) JELR 43430 (SC)

Supreme Court 7 Apr 1995 Nigeria
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Case Details

Suit Number:SC.56/91
Judges:MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria
Counsel:T. Esekody -for the Appellant For Appellant A.O. Eghobamien -for the Respondent For Respondent
Other Citations:(1995) 4 NWLR (Pt. 388) 128, J.A. Obanor & Co. Ltd. v. Co-op. Bank Ltd (1995) 4 NWLR (Pt.388)

MOHAMMED, J.S.C. (Delivering the Leading Judgment): In this appeal, the appellant, J.A. Obanor and Co. Limited, as plaintiff at the Benin City High Court, filed an action claiming several declarations and an injunction against the respondent. In response, the respondent as the defendant before the trial High Court denied all the claims and filed a counter-claim against the appellant. The plaintiff's claim as per it's amended statement of claim is as follows:

"(a) A declaration that the said Mr. J.A. Obanor ceased to be a Director of the plaintiff's company as from 14th July, 1976, and as such is incompetent to create any obligation for and on behalf of the plaintiff's company with the defendant or any other company.

(b) A declaration that the plaintiff company limited in liability as a corporate body is not competent to enter into and could not enter into any contract transaction beyond its normal share capital with the defendant company.

(c) A declaration that the signatory, Mr. J.A.…

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