Alhaji L. A. Gbadamosi & Ors V. Chief Stephen Ikpoku Alete & Anor (1996)

LawGlobal-Hub Lead Judgment Report

ONALAJA, J.C.A.

Consequential to an order of the learned trial Judge, Hon. Justice S. O. Ojutalayo, Federal High Court holden at Port Harcourt wherein he re-ordered the reconstitution of the parties, they are now the 1st and 2nd plaintiffs on record now referred to in this judgment as 1st and 2nd respondents, amended their particulars of claim against the 1st to 5th defendants now referred to as 1st to 5th appellants in this judgment thus:-

“Amended particulars of claim

The plaintiffs’ claim against the defendants, jointly and severally, is for the following reliefs namely:

(1) A declaration

(a) That the 1st plaintiff is still the executive chairman of the 5th defendant company and the chairman of the Board of Directors of the 5th defendant company,

(b) That the meeting which 1st-4th defendants purported to convene and hold on the 16th of August, 1990, was not a meeting of the Board of Directors of the 5th defendant company and accordingly all the decisions/resolutions passed at the said meeting, purporting to be decisions/resolutions of the Board or Directors or the 5th defendant company are ultra vires, null and void and of no effect.

(c) That the purported removal of the 1st plaintiff from office as chairman of the 5th defendant company on 16th August, 1990 is ultra vires, null and void and of no effect.

(d) That the purported appointment of the 1st defendant as chairman of the 5th defendant company on 16th August 1990 is ultra vires, null and void and of no effect.

(e) That the purported appointment of the 2nd defendant as the Managing Director of the 5th defendant company on 16th August 1990 is ultra vires, null and void and of no effect.

(f) That the 1st and 3rd defendants are not and have not been duly appointed ‘substantive directors’ of the 5th defendant company,

(2) An injunction restraining the 1st defendant from acting as the chairman of the 5th defendant company. (3) An injunction restraining the 2nd defendant from acting as the Managing Director of the 5th defendant company,

(4) An injunction restraining the 1st to 5th defendants from giving effect to any of the resolutions/decisions purportedly made by them at the said meeting held by them on 16th August, 1990”. After service of the writ on the appellants/defendants before settlement, filing, and exchange of pleadings, the respondents brought an application for interlocutory injunction on notice against appellants under section 13, Federal High Court Act, 1973, Order XX rule I and Order 33 rule 1 Federal High Court (Civil Procedure) Rules 1976 and sought the relief praying the court for:-

“(1) An order of interlocutory injunction restraining the defendants/respondents their servants and/or agents, jointly or severally or otherwise or howsoever, from implementing the series of resolutions and/or decisions made by them on 16th August, 1990 or any of them, pending the final determination of this suit”