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Shining Star Nig. Ltd V. AKS Steel (2010) CLR 1(e) (SC)

Judgement delivered on January 14th 2010

Brief

  • Court of appeal order
  • Interlocutory application
  • Parties to an appeal

Facts

This ruling is sequel to a motion dated the 28th July, 2010 and filed on the 291h of July, 2010. Motion prays for:-

  • 1
    An order of interlocutory injunction restraining the respondents, their servants, agents, privies or through any person howsoever except Mr. Olusegun Bamidele Ajayi, the Receiver/Manager appointed by the Court of Appeal from running, operating and/or managing the 1st respondent pending the determination of the appeal now pending in the Supreme Court.
  • 2
    An order of interlocutory mandatory Injunction to undo what has been done by restoring Mr. Olusegun Bamidele Ajayi who has been physically removed on the receiver/manager pending the determination of the said appeal in this court i.e. Supreme Court.
  • 3
    An order of interlocutory injunction restraining the 2nd and 3rd respondents, their servants, agents, privies or any person howsoever from acting as directors of the 1st respondent or from interfering with finance, securities and other business of the 1st respondent pending the determination of the appeal in the Supreme Court.
  • 3
    For such further order or orders which this honourable court may deem fit to make in the circumstances.

The grounds for the reliefs sought in the application are set out in 11 paragraphs. The application is supported by an affidavit of 25 paragraphs to which were attached Exhibits SCK 1. SCK2. SCK3, SCK4. SCK5. SCK6. SCK7, SCK8, SCK9, SCK10, SCK11 and SCK12. On that same 29th of July, 2010, the 2nd plaintiff/applicant deposed to an affidavit of urgency of 26 paragraphs. The facts deposed to are substantially the same as those he deposed to in the 25 paragraph affidavit in support of the motion.

In opposition to the application, Mr. Ayo Adesanmi counsel in the Law Firm of Chief Wole Olanipekun, SAN for and on behalf of the 1st _ 3rd defendants/respondents (who are respondents herein) deposed to a counter affidavit of 94 paragraphs to which were attached Exhibits 1- 23, This was on the 13/10/2010. On that same day, on behalf of the 1st - 3rd respondents, Chief Wole Olanipekun, SAN filed a notice of preliminary objection to urge the dismissal or 8 striking out of the motion. The grounds of the preliminary objection are that:-

  • i
    The party on whose behest and/or for whose benefit the application is being sought is not all appellant before this court or a party to the
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