ONAFOWOKAN V WEMA BANK PLC.

Subject Matter

Company Law.

APPEAL-GROUND OF APPEAL-Its  purpose.

APPEAL-OBITER DICTUM– Whether an obiter is appealable.

COMPANY LAW– SEC. 393, C.A.M.A- Purport of.

COMPANY LAW- RECEIVER/MANAGER– How appointed/Powers conferred.

What should be pleaded-Facts must be pleaded  ,not law

The law is trite that a ground of appeal must be against a decision being appealed against and should constitute a challenge to the ratio of the decision.”

Per Mahmud Mohammed, JSC.

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REV. RUFUS IWUAJOKU ONUEKWUSI & 8Ors V. THE REGISTERED TRUSTEES OF THE CHRIST METHODIST ZION CHURCH

SUBJECT MATTER –  COMPANY LAW

COMPANY LAW – Classification of artificial persons- incorporated and unincorporated bodies

COMPANY LAW – Incorporation – Effects of.

LEGAL PERSONALITY – Difference between a Corporation and Unincorporated Association; Perpetual Succession.

LEGAL PERSONALITY – Registered body – Whether death of trustee(s) can deprive it power to sue or be sued.

ACTION – What determines jurisdiction of courts over a subject matter.

ACTION – Cause of action – Competency of- conditions to be complied with.

PARTIES – Unincorporated bodies or entities- Proper party to institute an action.

LOCUS STANDI – Failure to have same- Effect of.

Once trustees have been registered, they become a body corporate by the name in the certificate and shall have perpetual succession. The body becomes a legal entity with powers to sue and be sued in the corporate name. The death of trustees cannot deny the registered body of its corporate existence and capacity to sue

-Per Fabiyi J.S.C

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AKINWUNMI ALADE V. ALIC NIGERIA LTD

SUBJECT-MATTER:

COMPANY LAW – Lifting the veil of incorporation due to fraud

COMPANY LAW – Application of section 208 of CAMA

EVIDENCE – Proof of Special Damages

 

“The consequences of recognizing the separate personality of a company is to draw a veil of incorporation over the company. One is therefore generally not entitled to go behind or lift this veil. However, since a Statute will not be allowed to be used as an excuse to justify illegality or fraud, it is a quest to avoid the normal consequences of the Statute which may result in grave injustice that the Court as occasion demands have to look behind or pierce the Corporate veil”.

– Per  Suleiman Galadima  J.S.C.

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Bernard Amasike V.The Registrar General Corporate Affairs Commission & Anor

Subject Matter:

Company Law and Practice

Discretion: The absolute discretion of the Corporate Affairs Commission (CAC) to reject the reservation of names it is satisfied are unregistrable  under sections 30,31,32,376 and 674 of the Company And Allied Matters Act (CAMA) 1990

Procedure: Concurrent findings of fact of lower courts – when the Supreme Court will not tamper with same.

Procedure: Originating Summons should be used only when the facts of a case or matter are not in dispute and non contentious.

Procedure: Mistake or error in a judgment – when same is insufficient for the appellate court to nullify the judgment.

“A public body or authority vested with statutory powers must act within the law and take care not to exceed or abuse its powers. It must keep within the limits of the authority given to it. It must act in good faith and reasonably. Where a person or public body or authority claims to have acted pursuant to a power granted by a statute, such person, body or authority must justify the act, if challenged, by showing that the statute applied in the circumstances and that he or it was empowered to act under it.”

– per Adekeye JSC

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