CaseLaw
Seedorff V. Archbode Engineering Ltd. (1995) CLR 5(a) (CA)
Judgement delivered on May 5th 1995
Brief
Facts
In action commenced in the Federal High Conn. Lagos, the appellant herein as plaintiff claimed, inter alia, to be entitled to have his name entered in the 1st respondent's ''register of members and share ledgers" as the registered holder of twenty-five thousand ordinary shares in the 1st respondent company. A consequence of such registration would be to confer on him certain rights in the company including the right to assume the position of a "Director or Managing Director' of the 1st respondent company in place of one Mr. Kurt Eichauer from whom the appellant had obtained a share transfer form and a share certificate.
The premises on which the appellant based his claim in the main are a resolution of the Board of Directors of the 1st respondent registering the name of the appellant as the holder of shares formerly held by one expatriate and a consent judgment in respect of and affecting the same set of shares.
The defendants/respondents did not file any defence to the action but rather applied that the action be struck out on the ground that no cause of action was disclosed and that the appellant did not have locus standi to prosecute the action. The motion was heard and determined in favour of the respondents. The appellant was dissatisfied and applied to the Court of Appeal.
The facts in brief, are as follows: the land in dispute formerly formed part of the land owned by one Aige, a Yoruba man and native of or an indigene of Ikorodu, Lagos State under customary law or native law and custom. On his death intestate, the property devolved on his children as family property. At some time later, the family decided to partition the family property at Aige family and allotted the land in dispute to one of the descendants of Aige by name Chief T.K. Dada. After his death, the family conveyed by deed of grant the said parcel of land to:
Issues
Whether the learned trial Judge was right IN HOLDING THAT THE APPELLANT NOT being a...