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Company Law

Company Law (90)

"Under Part C, the provisions of Sections 673 (1) and 674 (1)(a) of CAMA, must be complied with. Thus, a party applying under Part C, must be made up of one or more Trustees appointed by a community of persons bound together by custom, religion, kinship or nationality.

"Under Part C, the provisions of Sections 673 (1) and 674 (1)(a) of CAMA, must be complied with. Thus, a party applying under Part C, must be made up of one or more Trustees appointed by a community of persons bound together by custom, religion, kinship or nationality.

"The Orthopaedic Hospital Management Board Act, Chapter 010 Vol.13 Laws of the Federation of Nigeria establishes a management board for the running of the Orthopaedic Hospitals established by the Federal Government and to provide for their affiliation with teaching Hospitals mentioned in the Act.

"The Orthopaedic Hospital Management Board Act, Chapter 010 Vol.13 Laws of the Federation of Nigeria establishes a management board for the running of the Orthopaedic Hospitals established by the Federal Government and to provide for their affiliation with teaching Hospitals mentioned in the Act.

''The fundamental question still remains: Is CPC (the appellant on record), dead or alive, as at the time of filing its appeal to this court? Although the death of a political party cannot be similar to that of a natural human person, yet its death resembles, though with dissimilarities, the death of juristic/corporate entity. For instance, a company is said to have died finally and beyond resurrection when it is completely wound-up. Mere withdrawal, cancellation or recall of its certificate of registration does not bring its corporate existence to an end. See: Opebiyi v. Oshoboja (1976) 9 & 10 SC.198; Nzom v. Jinadu (1987) 1 NWLR (Pt.5) 533; Abethe v. NDIC (1995) 7 NWLR (Pt.406) 228 at 240 C -D;

'The position of the law on the status of a dead person has been severally stated by this court and other courts. I will only cite few instances: 1. in the case of SGB Ltd. V Braimoh (1991) 1 NWLR (pt.108) 428 at p.434 - D-G, it was held that: "It is settled law that a dead person ceases to exist in the eyes of the law and any cause or action pending against such a person automatically abates unless it is one that survives the person."

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