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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SKENCONSULT NIGERIA LTD & ANOR V. GODWIN SEKONDY UKEY
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COMPANY LAW:- Proceedings relating to an incorporated company – Court with jurisdiction – Whether Federal High Court by virtue of Section 7(1) (c) (i) of the Federal Revenue Court Act, No.13 of 1973 – Whether the jurisdiction of the State High Court has been ousted by virtue of Section 8(1) of the same Act |
| STEPHEN OGBEBOR & SONS SAWMILL LIMITED V. CHIEF JOHN OSAMEDE ADUN
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COMPANY LAW – MANAGING DIRECTOR:- Litigation on behalf of a company – Who may authorize same – Whether Managing director of a company has the power to authorize the institution of legal proceeding in the company’s name without the authority of the Board of Directors or Shareholders |
| THE LAW DEBENTURE TRUST CORPORATION | COMMERCIAL LAW – INVESTMENT |
| THE NIGERIA ARMY V. SGT. ASANU SAMUEL & ORS.
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COMPANY LAW:- Business name registered with the Corporate Affairs Commission – A law firm – Whether cannot sue nor defend an action in a court of law, not being recognized as a legal person – Whether a purported notice of appeal “signed” by a non-legal person cannot initiate the processes of an appeal known to law |
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TOTAL E & P NIGERIA LIMITED V. MR. NWANKWO EMMANUEL & ORS.
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COMPANY LAW – REGISTERED NAME OF A COMPANY:- Power of a company to sue and be sued – Need for a company to be sued in the name with which it is registered and to be served as legally stipulated – Effect of failure thereto COMPANY LAW – INCORPORATION:- Legal personality of an incorporated entity – How proved – Incorporated name – Legal importance – When a name is neither the synonym nor misnomer of the name of a registered entity – Legal effect of any court action brought in a name different from that registered with the Corporate Affairs Commission |
| TRENCO (NIG) LTD. V. A.C.B. LTD. AND ANOTHER. | COMPANY LAW:- Court to act as court of conscience in protection of plaintiffs – Constructive fraud – Company acting through agents – Binding nature of acts of agents on principals. |
| TRUSTOR AB (A SWEDISH LTD COMPANY) V. LINDSAY JAMES TREVOR SMALLBONE AND OTHERS | |
| TSA INDUSTRIES NIGERIA LIMITED V. LINAY LAKHI MELWANI AND OTHERS | COMPANY LAW:- Legal status of receiver/manager vis a vis the company – When and where he cannot be sued |
| TUGBOBO V. ADELAGUN | PARTNERSHIPS:- Claims by plaintiff for Account and payment of half of profits of stevedoring contracts performed – Restraining injunction – How treated |
| TURNSTALL V. STEIGMANN | COMPANY LAW:- Company – Legal personality – Separate entity of incorporated company from shareholders – Where corporate veil can be pierced |
| U. B. A. TRUSTEES LTD. V. NIGERGROB CERAMIC LTD.
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COMPANIES:- Appointment of Receiver – relationship with Board of Directors – Distinction thereof – Status and function of the Receiver – Effect of on Board of Directors COMPANY LAW:- Authority to sue by Board of Directors after appointment of Receiver – Whether authority valid – Management of Company – Relationship with appointed Receiver. |
| U.T.C NIG. PLC. V. MAOBISON INTERLINK AND ASSOCIATE LTD. | COMMERCIAL LAW – CONTRACT:– Contract of sale – Delivery to the premises of the respondent – Signing of way bill and sales invoice by respondent’s workers – Whether connotes the performance of same |
| UBAF LTD V. EUROPEAN AMERICAN BANKING CORP
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COMPANY LAW:- Signature – Agent, officer or employee – Signature of duly authorised agent of company – Signature of officer or employee of company acting in the course of his duties – Whether signature of company |
| UGOJI V. UZOUKWU | PARTNERSHIP:- Proof of Partnership – Duty to render account |
| ULTRAFRAME (UK) LTD V. FIELDING AND OTHERS (No.2) | COMPANY LAW – NON-CASH ASSETS:- Whether contemplated within the meaning of s.320 of the Companies Act 1985 |
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COMPANY LAW – REGISTERED TRUSTEE:- Religious body operating as registered trustee in Nigeria – Effect of affiliation with an international body under a power of Attorney recognizing a Founder of Nigerian branch of the international organization and members as owners of properties of Nigerian affiliate– Dispute over property arising from disengagement of Founder – How treated |
| UNIBIZ (NIG) LTD. V. COMMERCIAL BANK CREDIT LYONNAIS NIG LTD
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COMPANY LAW:- Receiver – Appointment of – Effect – Whether Directors absolutely functus officio by reason of appointment of. COMPANY LAW:- Receiver – Appointment of – Effect on company’s ownership of assets. COMPANY LAW:- Receiver – Appointment of- Effect on powers of directors over the assets comprised in the security. |
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UNIBIZ (NIG) LTD. V. COMMERCIAL BANK CREDIT LYONNAIS NIG LTD
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COMPANY LAW – RECEIVER:– Need to obtain leave to prosecute action – Whether Directors absolutely functus officio by reason of appointment of receiver
COMPANY LAW – RECEIVER:- Appointment of – Effect on company’s ownership of assets |
| UNION BANK OF (NIG) PLC V. JASE MOTORS (NIG) LTD AND ANOTHER | COMPANY LAW:- Act of company – Who can testify thereof on behalf of company – Whether necessarily officer involved in such act – Relevant considerations |
| UNION BANK OF NIGERIAN PLC V. EDAMKUE | COMPANY LAW:- Company undertaking – Need to be honoured as and when due – Effect of failure thereto |
| UNION BEVERAGES LTD. V. PEPSICOLA INT. LTD.
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COMPANY LAW – Franchise agreement between Nigerian company and foreign company – Allegation of breach of the agreement committed by the foreign company -Action against Nigerian subsidiary company- Foreign parent not joined – Whether action competent. COMPANY LAW:– Subsidiary company – Legal personality of Whether distinct froth that of parent company – Whether liable for act of parent company |
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UNIVERSITY OF CALABAR V. KRAUS THOMPSON ORGANISATION LTD.
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COMPANY LAW:- Residence of a Corporate body – Determination of.
COMPANY LAW:- Service of Court processes on a company or statutory corporation – How effected. COMPANY LAW:- Service of Court processes on the officer of a University working in the liaison office – Whether competent. |
| URHOBO V. TARKA
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COMPANY LAW:- Capacity of unincorporated company to make a contract – Whether an agent can validly contract on its behalf – How treated |
| USENFOWOKAN V. IDOWU | |
| UZOR V. NIGERIAN STORES WORKERS UNION | COMPANY LAW:- Rights of members of unincorporated association to sue – Representative capacity – Locus standi. |
| VICTOR BATTERY CO LTD. V. CURRY’S LTD | COMPANY LAW:– Shares – Purchase of shares with financial assistance of company – Validity of debenture issued in connection with purchase of shares – Companies Act, 1929 (c 23), s 45. |
| WALLERSTEINER V. MOIR
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COMPANY LAW:- Shares – Purchase of shares with financial assistance of company – Director – Liability for loss to company – Director responsible for procuring loan by company – Loan used in connection with purchase of company’s shares – Part only of loan recovered by company – Liability of director to company for loss – Companies Act 1948, s 54(1). COMPANY LAW:- Director – Loan to director – Unlawful for company to make loan to person who is its director – Loan to company wholly-owned and controlled by director – Whether loan to director – Companies Act 1948, s 190(1). |
| WATANMAL (SINGAPORE) PTE LTD. V. LIZ OLOFIN AND COMPANY PLC | COMPANY LAW:- Foreign Company – Section 54 of the Companies and Allied Matters Act. 1990 – Intent and meaning of – Effect on juristic personality of a foreign unregistered company. |
| WEIDE AND CO. (NIG) LTD V. WEIDE AND CO. HAMBURG | |
| WELTON V. SAFFERY | COMPANY LAW:- Winding-up – Adjustment of Rights of Contributories – Shares issued at a Discount – Companies Act 1862 c. 89 s. 38 – Companies Act 1867 c. 131 s. 25. |
| WEMA BANK LIMITED V. NIGERIAN NATIONAL SHIPPING LINE LTD and ANOTHER | |
| WESTMINSTER CITY COUNCIL V. TREBY | COMPANY LAW:- Debenture – Receiver – Preferential debt – Payment to debenture holder – Refunding – Indemnity – Legality of payment – Companies Act 1929 (c 23) s 78. |
| WESTERN NIGERIA DEVELOPMENT CORPORATION V. ABIMBOLA | |
| WHITE V. BRISTOL AEROPLANE CO. LD.
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COMPANY LAW:- Articles of Association of company dealing with increase of capital – Classes of shares – Preference share holders and ordinary share holders – Rights attaching to classes of shares – How determined – Proposed increase of capital- Notice summoning general meeting of ordinary shareholders to authorize increase of shares -Action by preference stockholder for injunction against same on ground that sanction of preference stockholders by extraordinary resolution required – Need to determine questions with reference to Articles and constitution of company |
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BODY REGISTERED AS LIMITED BY GUARANTEE:- Legal personality – Whether distinct from those of its named trustees – Proper style of bringing action against body – Effect fo failure thereto – Liability of trustees towards the satisfaction of any judgment debt ordered against the body |
| WIMPEY (NIGERIA) LIMITED V. BALOGUN | COMPANY LAW:‑ Company Secretary ‑ Status |
| WOOD V. ODESSA WATERWORKS COMPANY | COMPANY LAW:- Public Company – Profits earned applied to extension of Works – Bonds bearing nterest given in payment of Dividend – Construction of Articles of Association – Ultrà vires. |
| YALAJU-AMAYE V. ASSOCIATED REGISTERED CONTRACTORS
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COMPANY LAW:- Appointment of Director and Managing Director – How regulated fraud in the management of affairs of a company – What amounts to – Tenure of office of – Managing Director of a limited liability company –- Whether cognisable under the companies Decree, 1968 COMPANY LAW:- Management of company – on whom vested – Whether Managing Director’s appointment simply that of master and servant – Wrongful removal of Director or Managing Director of Company available remedy COMPANY LAW:- Application of Rule in Foss v. Harbottle – Exceptions thereto – Oppression of the Minority shareholder – Remedies available |
| YESUFU V. KUPPER INTERNATIONAL N.V | AGENCY:- Act done by director on behalf of company – Liability of company therefor – Extent and scope of – Whether principle of law of agent and principal applies thereto. |
| ZUNU V. NEW NIGERIA BANK LIMITED
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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. |
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