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CAC & ORS

(2016) JELR 41043 (CA)

Court of Appeal 30 Mar 2016 Nigeria
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- This is an appeal against the decision of the Federal High Court, Lagos Division - The case involves a dispute over the power of the Plaintiff/1st Respondent to carry out a special inspection exercise of loan transactions and documentatio

Case Details

Suit Number:CA/L/443/2013
Judges:SIDI DAUDA BAGE JCA SAMUEL CHUKWUDUMEBI OSEJI JCA ABIMBOLA OSARUGUE OBASEKI-ADEJUMO JCA
Counsel:Oyeniyi Sodimu For the Appellant; O. O. Adeleye with him, O. B. Iweze for the 1st Respondent; Prof. T. Osipitan, (SAN) with him, Damilola Salisu for the 2nd Respondent; Fred Onuobia for the 3rd Respondent; J. Omisade with him, Wonuola Ogunmola for the 4th Respondent; A. Olaleru with him, L. Obitayo for the 5th Respondent; Evelyn Obioha (Mrs.) with, E. Ubeze for the 6th Respondent.


ABIMBOLA OSARUGUE OBASEKI-ADEJUMO, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Federal High Court, Lagos Division, coram Idris J. delivered on the 18th day of March, 2013.

The brief facts of this case according to the Appellant are largely undisputed. The Plaintiff/1st Respondent sometime on 6th July, 2011 caused a uniform letter to be written to the 1st Defendant/Appellant and the 2nd to 6th Respondents wherein it stated its plan to carry out a special inspection exercise of all loan transactions and documentations between the Appellant and the 2nd to 6th Respondents, on the one hand and public and private companies in Nigeria purportedly pursuant to Sections 1, 315(2) and 317(2) of the Companies and Allied Matters Act. The Appellant, just like the 2nd to 6th Respondents, upon receipt of the letter, wrote to the Plaintiff/1st Respondent informing it that the Sections of the Act relied upon by the 1st Respondent does not give it the powers i…

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