DAVID MBANI VS MBIABE BOSI & ORS
June 6, 2025BARDE EGWA V. MOSES CIROMA EGWA
June 6, 2025Legalpedia Citation: (2006) Legalpedia (SC) 15611
In the Supreme Court of Nigeria
Fri May 12, 2006
Suit Number: SC. 263/2001
CORAM
KUDIRAT MOTONMORI OLATOKUNBO KEKERE – EKUN JUSTICE. SUPREME COURT
AKINTOIA OLUFEMI EJIWUNMI, JUSTICE, SUPREME COURT
PARTIES
1. ODUTOLA HOLDINGS LIMITED2. PROF (MRS) OYINADE ODUTOLA-OLURIN3. MRS. OLADIMPE O. ODUTOLA-OSINAIKE4. PASTOR OLUFUNMILAYO A. ODUTOLA5. MRS ADESOLA A. ADEYEMI6. MADAM S.A. ODUTOLA7. MADAM M.A. ODUTOLA APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Appellant/Plaintiff sued the Respondent/Defendant seeking some declaratory reliefs and order for interlocutory and mandatory injunctions. The Respondent filed an application seeking an order striking out the name of the 1st plaintiff as a party in the suit or in the alternative. The Respondent got judgment in the Court of Appeal on the alternative reliefs and the Applellant appealed.
HELD
The Supreme Court held that the name of company could not be struck out as the Appellants; Directors of the Company have authority to institute action to protect the interest company. It further held that the Court of Appeal could not make pronouncements on interlocutory reliefs sought in the alternative.
ISSUES
1. Whether the institution of this action in the name of the 1st plaintiff company was authorised by the company.2. Whether the Court of Appeal did not err when it granted the alternative relief sought by the respondents.
RATIONES DECIDENDI
WHEN AN APPEAL SHOULD BE FILED
“Appeals must stem from the failure of the trial Court to properly consider an issue before it or had erroneously reached a decision upon an issue that was argued before it.” See Help (Nig.) Ltd, V. Silver Author (Nig.) Ltd. 196 S.C. A.O. EJIWUNMI, JSC
CASES CITED
Help (Nig.) Ltd V. Silver Author (Nig.) Ltd. 196 S.C
STATUTES REFERRED TO
Companies and Allied Matters Act
