Case Study
Idowu A. Kokumo & Co Litigation Case
June 2001 – August 2023
– Case Description
Our Firm since its inception has been actively involved in litigation in major areas of the Law. We have appeared and practiced in the superior courts of record in the Country;Supreme Court, Court of Appeal, Federal and States High Courts.
COMPANY/COMMERCIAL LAW PRACTICE: We have instituted and defended matters relating to the operation of the Companies and Allied Matters Act 1990, Management and Control of Limited Liability Companies, Receivership and Liquidation of Companies, Debt Recovery, Law of Contract and Admiralty Law etc.
On the operation of the Companies & Allied Matters Act/Management and Control of Limited Liability Companies- We have prosecuted and defended matters such as FHC/L/CP/2004 Elias Khawam Vs. Nitol Textiles Manufacturing Company Limited, FHC/L/CS/600/2006 Sait & Sait International Company Limited Vs. Prince Dele Osibote.
On Receivership/Liquidation of Companies– We have handled the following cases: FHC/L/CP/263/98 Centex Nigeria Limited Vs. Kaynath Nigeria Limited amicably settled out of court in 2003, FHC/L/CS/222/2005 National Association of Aircraft Pilots & Engineers & 4 Ors. Vs. Ade Babington-Ashaye. We have acted and continue to act as Consultants to Soji Adebola Chambers the leading Counsel to the workers of the Nigeria Airways in respect of cases touching on the liquidation of the Nigeria Airways namely: FHC/ABJ/PET/6/2002, FHC/ABJ/PET/6/2002, FHC/L/170/2005, FHC/L/CS/161/2005, FHC/L/CS/168/2005.
Debt Recovery– we have handled various cases on debt recovery for a number of organizations and financial institutions such as the Wema Securities & Finance PIc., Nigeria Deposit & Insurance Corporation (N.D.I.C.) and the defunct City Express Bank Limited. Some of these cases are FHC/L/CS/864/2003 N.D.I.C (Liquidator of Royal Merchant Bank Vs. Peklot Nigeria Limited and LD/1462/2002 Wema Securities & Finance Pic. Vs. Ademart Nigeria Limited & Anr.
Breach of Contract– We have also prosecuted and defended cases in court relating to breach of contract. See the cases of FHC/L/CS/318/2003 Academy Hotels Limited Vs. Yaba College of Technology, FHC/L/CS/717/2005 Academy Hotels Limited Vs. Yaba College of Technology and CA/L/162/2000 O. L. Ogunyinde Vs. Yaba College of Technology. This matter is presently on appeal to the Supreme Court.
Admiralty Law– we have handled at the Federal High Court in Port Harcourt, Rivers State a dispute arising out of a charter party agreement between Windfall Energy Services Limited and Willbros West Africa Inc. in Suit No.FHC/L/PH/211/2006 Windfall Energy Services Limited Vs. The Barge LB41/WB-55 & Willbros West Africa Inc.
LABOUR LAW/MASTER SERVANT RELATIONSHIP: The Firm as one of the external solicitors of the Yaba College of Technology has successfully defended the College on court cases arising from the discipline of its staff. The Firm successfully defended the College in Suit No. FHC/L/CS/720/99 Henry Babatunde Kumolu-Johnson Vs. Council, Yaba College of Technology. In a judgment delivered on the 29th of May 2002, the court upheld the dismissal of the staff Babatunde Kumolu-Johnson. Similar matters that are presently pending in court and which our Firm is handling are FHC/L/CS/901/99 Julius Ademola Adekoje Vs. Yaba College of Technology and FHC/L/CS/1104/03 Olusegun Olubi Vs. Yaba College of Technology.
CONSTITUTIONAL MATTERS: The Firm has also handled matters touching on the interpretation of the provisions of the Constitution of the Federal Republic of Nigeria particularly Chapter IV dealing with the fundamental human rights. In this respect we have handled the following matters: FHC/L/CS/725/2000 Oluwasegun F. Akinlo & Ors. Vs. Rector/Chairman Academic Board Yaba College of Technology, Judgment October 2001, FHC/L/CS/1004/2000 Christopher C. Emeahara & Ors. Vs. Rector/Chairman Academic Board Yaba College of Technology, Judgment delivered on 15thNovember 2001, FHC/L/CS/954/2000 Mukaila Omiwale & Ors.Vs.Rector/Chairman Academic Board Yaba College of Technology. Judgment delivered on 26thApril 2002, FHC/L/CS/1060/2001 Christopher Emeahara & Ors. Vs. Rector/Chairman Academic Board Yaba College of Technology, FHC/L/CS/1061/2001 Festus O. Akinlo & Ors. Vs. Rector/Chairman Academic Board Yaba College of Technology (Consolidated) judgment delivered on the 5th of June 2006. Still pending in court are the following: FHC/L/CS/205/2006 Nechika Ikechukwu Vs. Yaba College of Technology and FHC/L/CS/984/2004 Chris Mba Inspector General of Police & Ors.
PROPERTY LAW: Our Firm has also been involved in cases touching on the ownership of landed properties in various courts in Lagos and Ogun States. Some of these cases are LD/1004/2005 Elias Khawam & Brothers Limited Vs. Nitol Textile Manufacturing Company Limited, HCT/168/2002 Tasty Time Nigeria Limited Vs. Alhaji Kamorudeen Asalu & Ors etc.
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Clients rely on our Corporate Practice for full-spectrum legal representation. We stand for quality and long-term commitment, unparalleled client service, and responsive, expert advice. Whether advising a start-up on the benefits of different business entities, a developing firm on funding and financing options, or a mature firm on acquisitions, reporting requirements or divestitures, our consistent, best-in-class results help our clients stay one step ahead.
ACQUISITION MERGER OF BROAD RANK NIGERIA LIMITED WITH UNION BANK OF NIGERIA PLC : Our Firm in conjunction with the Law Firms of S. A. Animashaun & Co. and Akindelano & Co. in 2006 jointly carried out a legal audit and conducted a comprehensive due diligence of cases for the defunct Broad Bank of Nigeria Limited during the process of its acquisition/merger with the Union Bank of Nigeria Plc. The assignment entailed a critical appraisal of over 130 cases pending in court for or against the Broad Bank of Nigeria Limited with a view to determining the success or otherwise of these cases,
LIQUIDATION OF NIGERIA AIRWAYS LIMITED: Our Firm since 2002 has acted and continues to act as consultants to the Law Firm of Soji Adebola Chambers, the leading counsel to ex-workers of the Nigeria Airways Limited in the liquidation process of the Nigeria Airways Limited. Specifically our firm carried out an extensive review of the Pensions Act CAP 346 LEN 1990 and other related laws with a view to determining the status of the ex-workers (whether they were public servants), their gratuities and other retirement benefits/pension.
This process eventually led to the presentation of a position paper to the Senate Committee on Aviation on the 1st and 2nd of June 2005 at the National Assembly Complex. We also acted in this capacity in respect of all cases filed by the ex-workers of the Nigeria Airways Limited to challenge the liquidation process.
These cases are: FHC/ABJ/PET/6/2002, FHC/ABJ/PET/2/2004, FHC/CS/161/2005, FHC/L/CS/168/2005, FHC/L/170/2005 AND FHC/L/CS/222/2005.
TAX OPINIONS: The Firm from time to time renders opinion on tax matters-personal income tax, company income tax and value added tax to companies and other business organizations and individuals. Specifically the Firm in 2004 conducted a comprehensive review of the Nigeria Social Insurance Trust Fund, (N.S.IT.E.) Act 1993 for Isaac Cole Industries Limited and Tasty Time Nigeria Limited as regards
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- Registration of Workers
- Deduction of salaries
- Payment of deductions to the fund
- Rendition of returns to the fund and
- Provision of records for inspection when required by officials of the fund. We are currently advising the Yaba College of Technology on the provisions of the new Pension Act.
LEGAL AGREEMENTS: The firm has been involved in transaction structuring and the preparation and perfection of a wide range of complex legal documents such as loans/mortgage agreement, contract financing, equipment lease, building contract and hire purchase for the defunct City Express Bank Limited and Wema Securities & Finance Plc., amongst others.
COMPANY REGISTRATION: The Firm has been actively involved in the promotion and formation of new companies and registration of business names for a number of investors. Companies such as Creative Design & Development Company Limited (incorporated 2003), Stanland Nigeria Limited (incorporated 2002), Sulat Ventures Limited (incorporated 2004), Remkunz Nigeria Limited (incorporated 2006) amongst others were incorporated by the Firm amongst others within the last five years.
EXPARTRIATE QUOTA & RESIDENCE PERMITS: The Firm has over the years been assisting companies to obtain from the relevant government agencies expatriate quota and residence permits. These we have done and continue to do for Sait & Sait International Company Limited, Moudaco Nigeria Limited and Zenith Construction Limited.