PROCEDURAL STEPS ON ASSESSMENT AND VERIFICATION IN FILING COURT PROCESSES IN THE FCT
HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA. PROCEDURAL STEPS
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| TITLE | MAIN ISSUES |
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PARTNERSHIP:– Joint venture – on when parties to a joint venture become partners.
PARTNERSHIP:– Implied terms under the Partnership Act 1890 – on the nature of evidence required to displace implied terms thereunder. PARTNERSHIP:– Determination of when parties to a joint venture become partners – limited assistance of tax cases highlighted. |
| MODERN OIL NIGERIA LIMITED & ANOR V. MR. JOSHUA JACKSON GEORGE | COMPANY LAW:- Law firm – Evidence of registration under Section 573(1) of the Company and Allied Matters Act, CAMA as a Business Name – Whether vests capacity to competently execute court processes – Decision in Okafor v. Nweke – Effect |
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MOODIE AND ANOTHER V. W & J SHEPHERD (BOOKBINDERS) LTD AND OTHERS
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COMPANY LAW:- Private company – Transmission of shares on death of member – Right of executors of estate of deceased shareholder to be registered as members of company – Articles of company mandating transfer of shares to existing members of company only and granting Directors’ right to refuse registration – How treated |
| MORRIS V. KANSSEN AND OTHERS
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COMPANY LAW:– Directors – Failure to appoint – Allotment of shares by persons purporting to be directors – Distinction between defective appointment and no appointment – Rule in Turquand’s case – Companies Act, 1929 (c 23), s 143, Sched I, Table A, art 88. COMPANY LAW:– Director or acting director who claims to hold the company to a transaction which the company had not, though it might have, authorized – Relevant considerations – Statute – Quis custodiet ipsos custodies- Duty of directors and those who purport to act as directors, to look after the affairs of the company, to see that it acts within its powers and that its transactions are regular and orderly as prescribed by law COMMERCIAL LAW – AGENCY:- Maxims – omnia praesumuntur rite esse acta – Doctrine of ostensible authority – Limits – Whether an ostensible agent cannot bind his principal to that which the principal cannot lawfully do |
| MOSELY V. KOFFYFONTEIN MINES, LTD | COMPANY LAW:- Company – Shares – Issue of Shares at a Discount – Issue of Debentures at a Discount – Option to Debenture-holders to take fully paid Shares in Exchange for Debentures. |
| MURRAY, T. H. MCCONNEL, AND P. R. FALKNER | COMPANY LAW:- Contributory – Directors – Transfer of Shares – Irregularity – 7 & 8 Vict. c. 110 – Costs. |
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MR. BERNARD OJEIFO LONGE V. FIRST BANK OF NIGERIA PLC.
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COMPANY LAW:- Articles of association of a company – Status of – Power conferred thereby – How can be challenged or taken away
COMPANY LAW:- Articles of association of a company – Status of-Whether equates with subsidiary legislation – Exercise of power given therein – Effect and import of – Whether has effect as one done under an enactment COMPANY LAW:- Board meeting – Notice of – Whether managing director under suspension entitled to Notice of Board Meeting – Effect of failure thereof |
| MR KINGSLEY NWACHUKWU V. MR ULONNAM OKAELU | COMPANY LAW:- Incorporation – Body not registered under Part C of the Companies and Allied Matters Acts, CAMA – Religious Body – Whether can bring action through a “Board of Trustees” |
| MURRAY, T. H. MCCONNEL, AND P. R. FALKNER | COMPANY LAW:- Contributory – Directors – Transfer of Shares – Irregularity – 7 & 8 Vict. c. 110 – Costs. |
| N.F.U. DEVELOPMENT TRUST, LTD., RE
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COMPANY LAW:- Scheme of arrangement – Compromise with creditors or members – Compromise or arrangement – Meaning – Element of accommodation on both sides – Company limited by guarantee having no share capital – Large membership – Members having very limited rights – Scheme whereby vast majority of members deprived of membership – Whether scheme qualifying as a ‘compromise or arrangement’– Companies Act 1948, s 206(1),(2) |
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N.T. GALLAGHER & SONS LTD V. HOWARD
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COMPANY LAW – VOLUNTARY ARRANGEMENTS:– Effect of subsequent liquidation – Status of funds held by supervisor and determination of entitlement to other assets of company |
| NASR V. COMPLETE HOME ENTERPRISES (NIG) LTD.
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COMPANY LAW:- Winding up petition – Inability to pay debt – Civil Procedure – Consolidated cases – Trial Judge deciding one matter and leaving – Effect of. |
| NATIONAL BANK (NIG) LTD. V. THE ARE BROTHERS NIG. LTD. | COMPANY LAW:- Winding up – Failure to pay debt – 7-day rule – Power of Judge to grant interim order suo motu – Application of party – Whether necessary. |
| NATIONAL BANK OF NIGERIA LTD V. KOREAN BROTHERS (NIG.) LTD. AND OTHERS | |
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NATIONAL IRISH BANK LTD (UNDER INVESTIGATION)
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COMPANY LAW:– Investigation of company by inspectors appointed by Minister – Powers of inspectors – Practice and procedure – Whether person being questioned entitled to refuse to answer questions which might tend to incriminate – Whether statement to inspectors voluntary – Whether answers given to inspectors admissible at subsequent criminal trial Whether inspectors’ powers consistent with natural and constitutional justice – Whether legislature abolished privilege against self incrimination – Companies Act, 1990 (No. 33) ss. 8, 10, 18. |
| NDOMA-EGBA V. AFRICAN CONTINENTAL BANK PLC. | PARTNERSHIP- Partner acting on behalf of firm – Party dealing with him – Party dealing with him – When protected-Extent of protection |
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NEW NIGERIA BANK LIMITED V. MATTHEW BAZUNU
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COMPANY LAW:- Action by or against a company – Need to be in its registered name – Addition of company’s address after its name – Whether sufficient to defeat action – Sections 2(a)(i) of Companies Decree, 1968 and 29(1) of Companies and Allied Matters Decree, 1990. |
| NIDOCCO LIMITED V. MRS. I. A. GBAJABIAMILA
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COMPANY LAW: – Whether a solicitor of a company is competent to institute an action in the name of the company without first being formally authorised to do so- Onus of Objector to show that there is that lack of authority for the company to commence the suit |
| NIGERIAN ACCEPTANCES V. CARO | COMMERCIAL LAW:- Appeal against petition for winding up dismissed at Federal Revenue Court – Company winding up – Consent orders from court – Effect |
| NIGERIA DEPOSIT INSURANCE CORPORATION V. UNION BANK OF NIGERIA PLC. & ANOR.
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COMPANY LAW – POWERS OF THE NIGERIAN DEPOSIT INSURANCE CORPORATION: The role and powers of the Nigerian Deposit Insurance Corporation as Provisional Liquidators – Basis of powers – Whether NDIC acts as a privy of a company over which it is acting as a provisional liquidator COMPANY LAW – PROVISIONAL LIQUIDATOR: Duty of a provisional liquidator over the assets, liabilities, court actions of company in liquidation – Primary purpose of a provisional liquidator – Legal status of an organisation under a provisional liquidation – Relationship between provisional liquidator and company in liquidation COMPANY LAW – WINDING UP OF A COMPANY: Meaning and implication of winding up of a company |
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NIGERIAN NATIONAL PETROLEUM CORPORATION V. LUTIN INVESTMENT LTD
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COMPANY AND CORPORATE LAW:- Incorporation of company – How proved – Nature of evidence deemed conclusive and satisfactory – Distinction between lace of registration of business, place of location and place of incorporation – Whether evidence of place of registration is equivalent to a place of incorporation – S.74 (1) (f) of the Evidence Act – Whether has nothing to do with the incorporation of company
COMPANY AND CORPORATE LAW:- Foreign company engaged in transactions in Nigeria – Options under the Companies and Allied Matters Act – Sections 54, 57 and 58 – Where a Company, has obtained an exemption from incorporation under CAMA – Whether may be incorporated in another country and yet have a base/operation in Nigeria without being incorporated |
| NJEMANZE V. SHELL BP. | COMPANY LAW – Registered company law sued |
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NV SLAVENBURG’S BANK V. INTERCONTINENTAL NATURAL RESOURCES LTD AND OTHERS
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COMPANY AND COMMERCIAL LAW:- Company – Charge – Registration – Charge by overseas company with place of business in England – Company not registered in England – Validity of charge – Particulars of charge not delivered to registrar – Assignment of business including present an future trading stock by way of security – Property of company stored in England subsequent to creation of charge – Whether charge void against foreign liquidators – Whether statutory provisions regarding charges applying to all overseas companies or only those registered in England – Whether foreign liquidators entitled to plead invalidity of charge – Whether floating charge created by overseas company within provisions of Companies Act – Companies Act 1948, ss 95(1), 106 |
| OBASEKI V. AFRICAN CONTINENTAL BANK LTD
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COMPANY LAW:- Companies – Contracts – Registered Articles of Association – Board of directors having authority to authorise conveyance under seal – Manager apparently authorising conveyance – Whether proper |
| ODUNTAN V. GENERAL OIL LIMITED | COMPANY LAW:– Interlocutory injunction – Application therein by corporate Body |
| OILFIELD SUPPLY CENTRE LIMITED V. JOSEPH LLOYD JOHNSON
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COMPANY LAW:- Winding up – Person entitled to institute winding up proceedings – Whether the petitioner is a Shareholder and Contributory of the Company-S. 211 Companies Act 1968. – Failure of the appellant to obtain expatriate quota – s. 8(1) and 33(1) – Immigration Act 1963. |
| OJOMO V. INCAR (NIG.) LTD. | COMPANY LAW:- Business names – Plaintiff trading under business names – Need to reflect business names in heading of action. |
| OLALOMI INDUSTRIES LTD. V. NIGERIAN INDUSTRIAL DEVELOPMENT BANK LTD. | COMPANY LAW – DEED OF DEBENTURE: When it creates charge on land; whether floating charge requires consent |
| ORIENTAL AIRLINES LIMITED V. AIR VIA LIMITED | COMPANY LAW:- Winding up – Company unable to pay its debt – Powers of court to wind up – Section 408, 409 (a) of the Companies and Allied Matters Act, 1990. |
| ORJI V. ZARIA INDUSTRIES LTD.
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COMPANY LAW:-Mere participation of Government in private company – Whether ipso facto converts such a company into a public company |
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OSISANYA V. AFRIBANK NIGERIA PLC
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COMPANY LAW:— Shares of a company — Ownership of – Ownership of shares by an employee in company for which he works – Whether affects his employment |
| OSUN STATE GOVERNMENT V. DALAMI NIGERIA LIMITED | |
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OSWALD HICKSON COLLIER AND CO (A FIRM) V. CARTER-RUCK
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PARTNERSHIP:- Lawyers/Solicitors – Partnership agreements – Where it precludes a partner from outgoing soliciting clients of the firm except those introduced by him – Effect where an outgoing partner has for a period acted as a sole partner of the firm – Implication for fiduciary relationship between solicitor and client – How treated |
| OTTER V. CHURCH, ADAMS, TATHAM & CO. | |
| PATRICK JACOB OSOBA V. THE QUEEN | COMPANY LAW:- Agency – limits of the powers of a bank chief |
| RE BIRD PRECISION BELLOWS LTD
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COMPANY LAW:– Unfair prejudice to members – Relief – Purchase of shares of prejudiced members – Valuation of shares – Quasi-partnership company – Whether valuation should be on pro rata basis or at a discount – Whether purchase price should bear interest from date before purchase ordered – Companies Act 1980, s 75(3)(4)(d). |
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RE NATIONAL MOTOR MAIL-COACH COMPANY, LIMITED.
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COMPANY LAW: Company – Costs – Preliminary Expenses – Registration Fees – Stamp Duty on Capital – Payment by Promoter – Liability of Company – Companies Act, 1862 (25 & 26 Vict. c. 89), s. 17 – Stamp Act, 1891 (54 & 55 Vict. c. 39), s. 112 – Finance Act, 1899 (62 & 63 Vict. c. 9), s. 7. |
| RE WOODROFFES (MUSICAL INSTRUMENTS) LTD (IN LIQUIDATION)
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COMPANY LAW:– Charge – Floating charge – Crystallisation – Cessation of company’s business – Company creating debenture secured by floating charge in favour of bank – Company subsequently creating second debenture secured by second floating charge in favour of another debenture holder – Notice given to convert second floating charge into fixed charge – Bank appointing receiver of assets charged by first debenture but not converting its floating charge into fixed charge – Company’s business ceasing on crystallisation of second floating charge – Whether crystallisation of second floating charge automatically crystallising first floating charge – Whether cessation of company’s business automatically crystallising first floating charge. |
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