OMILANI & ANOR.
V.
OMISORE & ANOR.

(2006) JELR 40319 (CA)    

Court of Appeal  ·  CA/L/350/2003 ·  5 Jul 2006 ·  Nigeria
 · 
Other Citations
Omilani v. Omisore (2007) 3 NWLR (Pt. 1020) p.177
CORAM
CLARA BATA OGUNBIYI Justice of The Court of Appeal of Nigeria RAPHAEL CHIKWE AGBO Justice of The Court of Appeal of Nigeria PAUL ADAMU GALINJE Justice of The Court of Appeal of Nigeria
Core Terms Beta
issues
grounds of appeal
appellants
appeal
preliminary objection
counsel
respondents
2nd respondent
1st plaintiff
decision of the lower court
notice of appeal
1st defendant
2nd plaintiff
board of the 2nd defendant
gn bishop insurance broker nig
lower court
2nd respondent company
board meeting
brief of arguments
fresh issues
lordships of the apex court
purported merger of the 2nd plaintiff
resignation of the 1st plaintiff
rules of court
absence of any such issue
background facts of this case glanvill enthoven
bona fide director of the 2nd defendant
briefs of arguments
directors of the 2nd defendant company
following remarks
formulated issue
formulation of their different issues
interests of the 2nd plaintiff
issue of illegality
lawful authority
leading judgment
leave of this honourable court
order of perpetual injunction
present date
related authorities
relevant notices
reply brief
respondents grounds
said decision of the lower court
shareholder of the 2nd defendant
shares of the appellant
trial court

OGUNBIYI, J.C.A. (Delivering the Leading Judgment): The plaintiffs/appellants' claims giving rise to this appeal were taken out by a writ of summons dated 7th and filed 8th January 2002 against the two defendants/respondents for the following -

1. A declaration that the 1st plaintiff representing the interests of the 2nd plaintiff is a bona fide Director of the 2nd defendant.

2. A declaration that the 2nd plaintiff is a shareholder of the 2nd defendant.

3. A declaration that the 1st defendant, Chairman of the 2nd defendant acted ultra vires and without lawful authority in issuing the letter dated 19th November 2001 which effectively asked for the resignation of the 1st plaintiff from the Board of the 2nd defendant.

4. A declaration that it is ultra vires the 1st defendant to ask for the resignation of the 1st plaintiff.

5. A declaration that it is only the 2nd plaintiff, the interest of whom the 1st plaintiff represents that can withdraw the 1st plaintiff's nomination to the Board of …

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