CaseLaw
Omisade V. Akande (1987) CLR 4(c) (SC)
Judgement delivered on April 10th, 1987
Brief
Facts
The plaintiff and the 1st Defendant are the only shareholders and directors of the 4th Defendant, a limited liability company incorporated under the Companies Act 1968, in which both hold equal shares.
On 23rd January 1976 the 4th Defendant entered into an agency agreement with the 3rd Defendant who is an American corporation based in Oakland, united Stated of America. Under the agreement, the 3rd Defendant appointed the 4th Defendant as its sole and exclusive agent in Nigeria for any Nigerian Pilgrims Hajj Movement in 1976 on commission basis. The 4th Defendant would represent the 3rd Defendant in any negotiation in that respect with the Nigerian pilgrims Board. It appears that since the execution of the agreement the working relationship between the plaintiff and the 1st Defendant began to deteriorate culminated in a final break down by the middle of the year. On the account as averred in paragraph 7 of this Statement of Defence, the 1st Defendant incorporated together with other persons the 2nd Defendant company “for the purpose of retrieving and salvaging his good name in the 4th Defendant company, which company was being maneuvered and manipulated by the plaintiff for act and purposes acutely embarrassing to the 1st Defendant”.
The trial judge dismissed all the claims save the one for damages and the respondent appealed to the Court of Appealed which granted all the claims of the respondent.
Appellants appealed to the Supreme Court.