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OMILANI & ANOR.
V.
OMISORE & ANOR.

(2006) JELR 40319 (CA)

Court of Appeal 5 Jul 2006 Nigeria
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Case Details

Suit Number:CA/L/350/2003
Judges: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
Counsel:O. G. Oyeleke (with him, Ajibola Adams) For Appellant Rotimi Jacobs For Respondent
Other Citations:Omilani v. Omisore (2007) 3 NWLR (Pt. 1020) p.177

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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