RITA NOSAKHARE PEMU, J.C.A. (Delivering the Leading Judgment): This appeal is against the Judgment of Honourable Justice O. Okeke of the Federal High Court, Lagos Division in Suit No FHC/L/CS/351/08 in which he entered Judgment in favour of the Respondent. (Pages 607-608 of the Record of Appeal)-upon an application dated 14th day of October 2009, in which the Respondent sought Judgment against the Defendants upon their alleged admissions in their pleadings.
SYNOPSIS OF FACTS:
The Respondent was the Plaintiff in the lower Court.
In an amended Writ of Summons and in paragraph 37 of the further amended Statement of Claim dated 30th April 2009 and filed on same date, the Respondent instituted an action against the Defendants (Appellants in the present appeal) jointly and severally claiming the following reliefs viz:
(a) A declaration that the 1st Defendant as Director of the Plaintiff company, owed a fiduciary duty to the said Plaintiff Company to pilot, manage and utilize the Plaintiff C…