Vascumi Investment Nigeria Limited & Ors V. Muktar Ladan (2016)

LawGlobal-Hub Lead Judgment Report

JOSEPH EYO EKANEM, J.C.A.

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 service on the Respondents as required by law, Order 6 Rule 2 of the Federal High Court (Civil Procedure) Rules,

1

2009.

2. The 2nd “Petitioner” has no locus standi to bring this “Petition” against the Respondents.

3.The ?Petition” dated 30th June, 2010 constitutes an abuse of the processes of this Honourable Court as the grounds of the said “Petition” does not constitute such that can be brought by way of “Petition” under the Companies and Allied Matters ACA CAP C20, Laws of the Federation of Nigeria, 2004, or the Companies Proceedings Rules, 1992.”

The preliminary objection was supported by an affidavit and a written address. The respondent filed a written address in opposition to the preliminary objection.

After hearing counsel on both sides the trial Court upheld the preliminary objection in part, striking out the name of the 1st Petitioner. The Court however dismissed ground 3 of the objection and directed the respondent to file an amended petition to reflect the striking out of the name of the 1st Petitioner.