INTERNATIONAL BANK OF WEST AFRICA VS IMANO NIGIREIA LTD
June 25, 2025OKOMU. VS. ISERHIENRHIEN
June 25, 2025Legalpedia Citation: (2001) Legalpedia (SC) 16616
In the Supreme Court of Nigeria
Fri Mar 9, 2001
Suit Number: SC. 203/1994
CORAM
OGWUEGBU – JUSTICE, SUPREME COURT
UWANI MUSA ABBA AJI
EMMANUEL OLAYINKA AYOOLA, JUSTICE, SUPREME COURT.
PARTIES
ALERUCHI ETCHESON NSIRIM(Trading under the name and style of Etcheson and Sons Block Moulding Industry(Nigeria Ltd.)SC.203/1994 APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The respondent provided money and land for the parties to set up a block making factory. The appellant started running the business under a different name when the respondent travelled out of the country and claimed that there was no minutes of any meeting at which the parties agreed to set up the factory together.
HELD
The court dismissed the appeal and held that the absence of minutes does not invalidate a meeting and that in any case, the issue was not pleaded. It held that the appellant liable to account.
ISSUES
1. Whether on the evidence before the court, the Court of Appeal was right in holding that the block moulding equipment employed by the appellant was the property of respondent (GROUNDS 1 and 2).2. If the answer to (1) is in the affirmative, whether this was sufficient to also make the entire block-making business the property of the Respondent.3. Whether on the evidence before the court, the Court of Appeal was right in directing the appellant to account to the respondent the net profits accruing from the moulding industry and to pay over to the respondent.4. Whether the respondent succeeded in proving that the block-moulding business was being operated by the appellant in fraud of the Respondent?
RATIONES DECIDENDI
BINDINGNESS OF PLEADINGS ON THE PARTIES AND THE COURT
Whatever is not pleaded will not go to any issue between the parties however much it is attenuated in cross-examination; to do otherwise will give free for all opportunity to deviate from the real issue in contention and each party will have the opportunity to ambush the other. Our notion of justice administration by procedure of pleadings in civil matters is to prepare each party for what he is to meet at trial, giving no opportunity for surprise or ambush – Belgore J.S.C
WHETHER A MEETING WITHOUT ITS MINUTES IS VOID OR ILLEGAL UNDER SECTION 138 OF COMPANIES ACT 1968
Nothing in it renders a meeting without its minutes illegal or void, it only attracts a penalty as provided in subsection (4) thereof – Belgore J.S.C.
CASES CITED
1. Owoade v. Omitola (1988) 2 NWLR (Pt. 77) 413; 2. Okedoyin v. Arowolo (1989) 4 NWLR (Pt. 114) 172 3. Salami v. Oke (1987) 4 NWLR (Pt. 63) 17; 4. Ezewani v. Onwordi (1986) 4 NWLR (Pt. 33) 275. Sodipo v. Lemminkainen OY (1985) 2 NWLR (Pt. 8) 547?
STATUTES REFERRED TO
The 1999 Constitution?
