Chisco Samuel Trading Company Limited V. Vincent Iloerike & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

UZO I. NDUKWE-ANYANWU, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the Ruling of the Federal High Court holden at Lagos State delivered on 13th day of October, 2009 by Hon. Justice J. E. Shakarho.

The facts as briefly stated:

By a writ of summon together with statement of claim the 1st – 16th Respondents as Plaintiffs claimed against the 1st – 7th Defendant now as follows:

“a) A DECLARATION that the 2nd to 16th defendants are not elected executives of Association of Progressive Traders (APT) Lagos having not been duly elected and therefore cannot act, perform or carry out any duty on behalf of the Association as executives.

b) A DECLARATION that is unlawful for a trustee of the Association of Progressive Traders of Nigeria to act as elected executive member except as provided for in the Association’s Constitution.

c) AN ORDER OF PERPETUAL INJUNCTION restraining the 2nd to 6th defendants from presenting and parading themselves as the elected executives of Association of Progressive Traders (APT) Lagos.

d) AN ORDER of the Honourable Court allowing the Plaintiffs to conduct

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election into the executives of the Association of Progressive Traders.

e) AN ORDER of this Honourable Court restraining the 2nd to 6th defendants from preventing and/or obstructing the Plaintiffs from conducting election into the executives of Association of Progressive Traders

f) AN ORDER of this Honourable Court compelling the 2nd to 6th defendants to either allow the members of Association of Progressive Traders Lagos who had made some deposits as payments for shops at APT Plaza to complete their parents and have their shops allotted to them,

OR ALTERNATIVELY

Refund to all of them their monies as money had and received for a failed consideration