STEPHEN FRANCIS V THE STATE OF LAGOS
March 6, 2025CELPLAS INDUSTRIES NIG. LTD V POKA GLOBAL ENERGY LTD
March 6, 2025Legalpedia Citation: (2024-03) Legalpedia 57713 (CA)
In the Court of Appeal
HOLDEN AT LAGOS
Thu Mar 21, 2024
Suit Number: CA/LAG/CV/349/2022
CORAM
MOHAMMED MUSTAPHA JUSTICE, COURT OF APPEAL
ABDULLAHI MAHMUD BAYERO JUSTICE, COURT OF APPEAL
MUHAMMAD IBRAHIM SIRAJO JUSTICE, COURT OF APPEAL
PARTIES
MAIMUNA MAMA-SAMBO BELLO
APPELLANTS
1. SUTURA AISHA BELLO
2. ADA BELLO
3. AMINA BAKKE BELLO (Suing for themselves and on behalf of Maryam Bello, Zainab Bello and Mohammed Bello)
4. CITIBANK NIGERIA LIMITED
RESPONDENTS
AREA(S) OF LAW
APPEAL, BANKING, COMPANY LAW, EVIDENCE, ISLAMIC LAW, PRACTICE AND PROCEDURE, PROBATE AND ADMINISTRATION
SUMMARY OF FACTS
The appellant is one of the widows of one Umar Kaoje Bello (deceased) and the registered owner of 29,789,899 share of ordinary shares of the 4th respondent.
Upon the demise of the said Umar Kaoje Bello, the whole family, including the appellant gathered his assets, consisting of assets held in his name and those held in the name of other members of the family, and invoked the jurisdiction of the Upper Area Court Zuba, FCT for distribution to beneficiaries of his estate in accordance with Islamic Personal Law.
The Upper Area court in its judgment distributed the assets in accordance with Islamic law.
The appellant sought to sell the shares in dispute, believing they belonged to her. The 1st to 3rd respondents commenced this suit on the 27th of May, 2013, and sought interim and interlocutory injunctions restraining the appellant and the 4th respondent from transferring or selling the shares.
At the close of pleadings parties were encouraged to explore amicable settlement of the dispute. They did, but failed, and the matter was litigated before the lower court. On the 17th of January, 2022 the lower court delivered its judgment against the Appellant deeming all shares to be held in trust.
Dissatisfied with the judgment, the appellant appealed to this court by a notice of appeal hence the instant appeal.
HELD
Appeal allowed
ISSUES
1. Whether the Learned Judge of the Lower Court was right in finding that a Constructive/Implied Trust exists between the Estate of Umar Kaoje Bello (Trustor) and the Appellant (Trustee) in respect of the 24,789,000 shares in the Capital of the 4th Respondent and subject matter of the dispute?
2. Whether having regard to the subsisting and valid Judgment of the Upper Area Court, Zuba, FCT in the Matter of the Estate of Umar Kaoje Bello, and the participation of the Appellant in the Proceedings; the Appellant is estopped from denying the fact that the Shares the subject matter of this Suit are held in trust by the Appellant as Trustees for the Estate of Umar Kaoje Bello?
RATIONES DECIDENDI
CASES CITED
Not Available
STATUTES REFERRED TO
2.Companies and Allied Matters Act
