(2014) JELR 40120 (CA)    

Court of Appeal  ·  CA/L/1149/2010 ·  31 Jan 2014 ·  Nigeria
Other Citations
Tukur v. I.P.E.S. Ltd. (2014) 17 NWLR (Pt. 1437) 575
JOSEPH SHAGBAOR IKYEGH Justice of The Court of Appeal of Nigeria RITA NOSAKHARE PEMU Justice of The Court of Appeal of Nigeria CHINWE EUGENIA IYIZOBA Justice of The Court of Appeal of Nigeria
Core Terms Beta
1st defendant
lower court
statement of defence
record of appeal
4th defendants
statement of claim
plaintiff company
issue no.
learned trial judge
favour of the respondent
judgment sum
amended statement of defence
judgment of the lower court
such orders
civil procedure rules
determination of this suit
jurisdiction of this court
open court
1st defendants counter claim
2nd issue
alleged admissions
amended writ of summons
case of unchallenged evidence
claims no.
director of the plaintiff company
double admission
issue no.3
leading judgment
managing director of the plaintiff company
order of court
practice direction of this honourable court
proper procedure
refund of the sum
refund of the sum of n24,780,424
said plaintiff company
second issue
shareholder of the plaintiff company
state of pleadings of the parties
synopsis of facts
trial judge
view of claim no.

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.


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…

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