Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(1979) JELR 46369 (SC)    

Supreme Court  ·  SC.36/1979 ·  30 Nov 1979 ·  Nigeria
Other Citations
Okeowo and 2 Ors v. Migliore and 3 Ors (1979) All N.L.R 282 (1979) 11 S.C (REPRINT) 87
AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria CHUKWUNWEIKE IDIGBE Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria KAYODE ESO Justice of The Supreme Court of Nigeria ANTHONY NNAEMEZIE ANIAGOLU Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
meeting of the company
federal revenue court
originating summons
secretary of the company
court of appeal
learned judge
meeting of the board of the said company
meeting of the company consisting
3rd appellants
acting secretary of the company
calling of this meeting
facts of the present case
following orders
following resolution
interpretation of this section
lagos state
removal of the present secretary of the company
said company
said mr. e. olatunde ayoola
scope of the word
such argument
a. g. irikefe
call of a meeting
chronological order
circumstances of this case
contention of their counsel
counter-affidavit of the 2nd respondent
entire authorised share capital
final appeal
following findings of fact
hearing of an application
implementation of the order
italian proprietors of the company
mass of affidavit evidence
means of an originating summons
mr. e. olatunde ayoola
mr. o.o. ede
promulgation of the nigerian enterprises promotions decree
registry of this court
respondent mr. e.o. ayoola
sergio migliore

A. G. IRIKEFE, JSC (Delivering the Leading Judgment): This appeal deals with two rulings, namely:(a) that dated 27th June, 1977 by Belgore, J. and (b) That dated 25th November, 1977 by the same Judge.

The latter ruling as will appear hereafter in the judgment, was aimed at facilitating the implementation of the order made in the earlier ruling. At its inception, this matter ran into the teeth of formidable procedural opposition, which progressively lost its sting in the course of its journey through the Federal Revenue Court was invoked by the respondents herein by means of an originating summons which reads:

"Let all the parties concerned attend one of the Judges sitting at the Federal Revenue Court, Lagos on Monday the 18th day of April, 1977 at the hour of 9 O'clock in the forenoon on the hearing of an application by the above-named applicants who are directors of the above-mentioned company, METAL CONSTRUCTION (WEST AFRICA) LIMITED;

(i) For a declaration that the 4th defendant's a…

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