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UTC (Nig) Plc v. Maobison Interlink & Associates Ltd
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1 × ₦1,000
₦1,000
In Stock
The 1st Appellant is a limited liability company with a share capital of 2 million ordinary shares. While the 1st – 4th respondents owned 95% of the share capital, the 2nd Appellant owned the balance of 5%. The 1st, 2nd, 4th Respondents and the 2nd Appellant were the original directors of the company. By an ordinary resolution passed on 1/4/2002, the share capital was increased to 10 million. It was the allegation that on the 9th and 10th March 2006, the company held board meetings whereby the 1st Respondent was removed as chairman and his official residence and vehicle withdrawn and no due process was followed to remove him. In another board meeting that held on 4/4/2006, it was alleged that despite the absence of the 1st – 4th Respondents because they were not given notice of meeting and hence there was no quorum, some crucial resolutions were taken. Furthermore, in a meeting held on 6/10/2006, the names of the 1st – 4th Respondents were removed as signatories to the company’s account, their houses were put up for sale, they were suspended and their salaries were stopped. Thus, the 1st – 4th Respondents were deprived of their rights as shareholders, directors and management staff of the company without notice to them and opportunity of being heard.
They consequently sued at the Federal High Court, Abuja, seeking declaratory and injunctive reliefs in order to restore them to their original positions in the company and their rights and entitlements. The suit was challenged by the appellants after being served, that the trial court did not have the jurisdiction to entertain the suit. The trial court granted the application of the appellants.
Aggrieved, the 1st – 4th Respondents appealed the decision of the trial court, to the Court of Appeal (lower court), and the trial court’s decision was set aside.
Also aggrieved by the decision of the lower court, the appellants appealed to the Supreme Court.