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VASCUMI INVESTMENT (NIG) LTD & ORS
V.
LADAN

(2016) JELR 42364 (CA)

Court of Appeal 17 May 2016 Nigeria
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- The Court of Appeal held that, pursuant to Rule 2(1) of the Companies Proceedings Rules 1992, proceedings under the Companies and Allied Matters Act (CAMA) not relating to winding up must be commenced by originating summons, not by petiti

Case Details

Suit Number:CA/A/559/2011
Judges:MOORE ASEIMO A. ADUMEIN Justice of The Court of Appeal of Nigeria TANI YUSUF HASSAN Justice of The Court of Appeal of Nigeria JOSEPH EYO EKANEM Justice of The Court of Appeal of Nigeria
Counsel:Josiah Daniel - Ebune, Esq. For Appellant Mrs. P. E. Ossai With her, Miss Martha Ibekwe and Miss Ifeatu Obu For Respondent

JOSEPH EYO EKANEM, J.C.A. (Delivering the Leading Judgment): By a petition numbered as FHC/ABJ/PET/8/2010, the respondent (as 2nd Petitioner) along with another person sought the following reliefs.

"1. That the purported meeting of the Board of Directors held on the 19th June, 2010 and the so called minutes of the said meeting held without proper notice be declared Null and Void and of no effect whatsoever.

2. That all decisions taken therein at the said meeting of the 19th June, 2010 be set aside and declared null and void.

3. An order directing that a legal meeting of the company is held to formularize all the activities of the company in accordance with companies and Allied Matters Act {CAMA}."

The Petition was filled at the Federal High Court Abuja, Judicial Division (the trial Court).

Upon being served with the petition, the appellants (as respondents) filed a notice of preliminary objection for the petition to dismissed in limine on the following grounds.?1. There is no personal serv…

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