JACKIE PHILLIPS V. ARCO LTD
August 27, 2025CHIEF S. I. EDU V. NATIONAL BANK OF NIGERIA LTD
August 27, 2025Legalpedia Citation: (1971) Legalpedia (SC) 11255
In the Supreme Court of Nigeria
Fri Oct 22, 1971
Suit Number: SC 150/1970
CORAM
COKER, JUSTICE, SUPREME COURT
LEWIS, JUSTICE, SUPREME COURT
UDOMA, JUSTICE, SUPREME COURT
PARTIES
GEORGE HUTCHFUL APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiff a director in the 2nd defendants company received a letter dated the 30th October, 1967, from the 1st defendant, purporting to remove him from office.
HELD
The Court declared that the purported removal of the plaintiff by the 1st defendant from his office as a Director of the 2nd defendant company is ultra vires and illegal as the 1st defendant instead of acting as Governing Director acted as Managing Director.
ISSUES
Whether the plaintiffs removal as Managing Director of the 2nd defendants was ultra vires
RATIONES DECIDENDI
PLEADINGS
So far as the pleading point is concerned it is of course elementary that pleadings are not evidence. Per Lewis, JSC
CASES CITED
Vine v. National Dock Labour Board (1956) 3 All ER. 939
STATUTES REFERRED TO
