CORAM
ALOYSIUS IYORGYER KATSINA-ALU JUSTICE, SUPREME COURT
IBRAHIM TANKO MUHAMMAD, JUSTICE, SUPREME COURT (Lead Judgment)
AKINTOLA OLUFEMI EJIWUNMI JUSTICE, SUPREME COURT
PARTIES
1 GENERAL & AVIATION SERVICES LTD APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The petitioner sought to appoint a provisional liquidator before the determination of the winding- up proceedings and obtain injunctive orders against the appellant on grounds that the affairs of the company is being run as family business leading to dissipation of its assets without stating the factual basis for the assumption and conclusions.
HELD
The court held that the affidavit of the Petitioner did not disclose sufficient facts to justify the order of appointment of a provisional liquidator, nor the injunctive orders. ?
ISSUES
1. Was there a valid decision which their Lordships of the Court of Appeal could have affirmed?2. Was there an effective petition upon which the orders for the appointment of the liquidator and the grant of injunction could be based?3. Whether a proper occasion had been disclosed to warrant appointing a provisional liquidator and granting the interlocutory injunctions sought in this case.?
RATIONES DECIDENDI
CASES CITED
1. Dangote V. Civil Service Commission, Plateau State (2001) 5 SCM, 59; (2001) 9 NWLR (pt. 717) 1322. Menakaya V. Menakaya (2001) 12 SCM, 107; (2001) 16 NWLR (pt. 738) 203 at 2533. Re Railway Finance Co. Ltd (1866) 35 Beav. 473; (1866) 55 ER 9794. Carron Iran Co. V. Maclaren (1855) 5 HL Cas. 416; 5. Wimbledon Local Board V. Croydon Rural Sanitary Authority (1886) 32 Ch. D. 421
STATUTES REFERRED TO
The Companies And Allied Matters Act?