CASE DIGEST – A VALID SHARE SALE IS INCOMPLETE WITHOUT EXECUTION OF THE SHARE TRANSFER INSTRUMENT AND REGISTRATION OF THE TRANSFEREE

BINEZ HOTELS LIMITED v. BUREAU OF PUBLIC ENTERPRISES & ANOR
SUPREME COURT
(OGUNWUMIJU; JAURO; SANKEY; OGBUINYA; UMAR: JJ.SC)
Binez Hotels Limited (“the Appellant”) acting through Future View Securities Limited (“the 2nd Respondent”) entered into an agreement to purchase 13,000,000 ordinary shares in Nigerian Cement Company Nkalagu Plc, representing 10% of the company’s issued share capital, for the sum of ₦7,020,000.00. The shares were owned by the Federal Government of Nigeria and were listed on the Nigerian Stock Exchange. Following the Appellant’s payment by cheque, Bureau of Public Enterprises (“the 1st Respondent”) conveyed the approval of the transaction by the National Council on Privatisation, indicating that the sale had received the requisite governmental approval.
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